Bombay High Court
YOGESH ANDRESH AMOLIKversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
The High Court enlarged bail for the applicant, finding that the circumstances justified release pending trial.
Summary
The applicant, Yogesh Andresh Amolik, was arrested on 13 March 2025 after police found him with approximately 1 kg 10 g of charas during a patrol. He claimed the weight included the zip‑lock bag, reducing the actual drug quantity to an intermediate level, and argued that he had been in custody for nearly a year without charges being framed. The NDPS Special Judge had earlier denied bail, prompting the applicant to file a bail application before the High Court. The court noted the applicant’s lack of pending cases, the disputed weight of the contraband, and the undue delay in framing charges, and consequently ordered his enlargement on bail with standard conditions. The order emphasized that the observations were prima facie and the trial court would decide the case on its merits.
Issues considered
- Whether bail should be granted in an NDPS case where the alleged quantity of narcotic may be intermediate rather than commercial.
- Whether the prolonged pre‑charge detention of nearly one year warrants bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(c), 37, 8(c)
Subjects
- bail
- NDPS Act
- charas
- intermediate quantity
- commercial quantity
- pre‑charge detention
- criminal procedure
Judgment
Prasad Rajput
(P.A.) 13_BA_657_2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.657 OF 2026
Yogesh Andresh Amolik …Applicant
Versus
State of Maharashtra …Respondent
Mr. Amol M Thombre a/w Vishal S. Sarode, for the Applicant.
Ms. Megha S. Bajoria, APP for the Respondent - State.
PI – Abhijit Ahirkar, ANC Ghatkopar Unit, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 17TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No. 22 of 2025
dated 13th March, 2025 registered with the ANC, Ghatkopar
Unit, for the offences punishable under Sections 8(c) read
with Section 20(c) of the Narcotic Drug and Psychotropic
Substances Act, 1985 (for short ‘NDPS’). The Applicant is the
sole Accused.
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2. The brief facts of the case are that while the police
officials of ANC, Ghatkopar Unit were on patrolling duty, they
found the Applicant lurking in suspicious circumstances. After
following the due procedure prescribed under the NDPS Act,
they apprehended and searched the Applicant. Upon search, 1
Kg 10 grams of Charas was recovered from the possession of
the Applicant. The Applicant was arrested on 13th March,
2025, pursuant to registration of the FIR.
3. The Applicant made an application seeking bail
before the NDPS Special Judge, City Civil & Sessions Court,
Greater Bombay. However, by order dated 8 th December, 2025,
the said application was rejected. Hence, the Applicant has
filed the present Bail Application for the relief as prayed.
4. Mr. Thombre, learned counsel for the Applicant,
submits that this is a case of false implication. He further
submits that the police officials failed to investigate the source
of the contraband. He further submits that the weight of the
contraband is weighed along with the zip-lock bag which
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contained the contraband. Hence, excessive 10 grams is the
weight of the container zip-lock bag. In these circumstances
the Charas recovered would be of intermediate quantity. He
submits that the Applicant is in custody for almost one year
without the charges being framed. He thus, prays that the
Applicant be enlarged on bail.
5. Ms. Bajoria, learned APP representing the State,
contests the Bail Application. She submits that this is a serious
case, wherein commercial quantity of Charas was recovered
from the present Applicant. She thus submits that the rigors of
Section 37 would apply. She submits that the maximum
sentence prescribed is 10 years even if it is taken that the
Applicant possessed only intermediate quantity. She submits
the FSL report has come positive for Charas. In these
circumstances, she prays that the Bail Application be rejected.
6. I have heard learned counsel for the respective
parties and perused the record of the case with their
assistance.
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(P.A.) 13_BA_657_2026.doc
7. Admittedly, there are as many as four antecedents
against the present Applicant. However, Mr. Thombre, submits
and it is confirmed by Ms. Bajoria that out of the four
antecedents, three are related to offences of theft, which have
been settled by him with the complainants and in one offence,
the Applicant has been acquitted. Hence, as on date, there is
no case pending against the present Applicant. Insofar as
present case is concerned, he is found to be in possession of
10 grams in excess of commercial quantity of Charas.
Admittedly, the weight of two plastic bags which contained
the contraband is approximately 34 grams as depicted in the
Inventory Panchanama. Considering that the Applicant is in
custody for almost one year without the charges being
framed, I am inclined to enlarge the Applicant on bail. It is
accordingly ordered as under:-
ORDER
i) The Applicant be enlarged on bail, on
executing PR Bond in the sum of Rs.50,000/ with
one or two local sureties in the like amount;
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ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police
Station concerned once in a month between 11:00
a.m. to 02:00 p.m., till the charges are framed;
iv) If the Applicant has not deposited his
passport, if any, the Applicant shall deposit the same
with the Police Station concerned;
v) The Applicant shall not leave India, without
the permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vii) The Applicant shall inform his latest place of
residence and contact number immediately after
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being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
8. The Bail Application is allowed in the above terms
and is accordingly disposed of.
9. It is made clear that the observations made herein
are prima facie and are confined to this Application and the
learned Trial Judge to decide the case on its own merits,
uninfluenced by the observations made herein.
(DR. NEELA GOKHALE, J)
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