Bombay High Court

AAKASH VIJAY JADHAV AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

Bail was granted to Shivkumar Bhaskar Thakare as he was merely a passenger and no contraband was recovered from him.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by three accused in a narcotics case (Crime No. 60 of 2026). Two applicants withdrew their applications, leaving Shivkumar Bhaskar Thakare (Accused No.2) as the sole applicant. The prosecution alleged that the accused were caught transporting 10.138 kg of ganja, but no contraband was recovered from Thakare and there were no call‑detail or financial links to the co‑accused, nor any prior criminal record. The court examined whether continued detention was necessary given the intermediate quantity of the drug and Thakare's limited involvement. Finding that further incarceration was unnecessary, the court granted bail to Thakare subject to a bond and several conditions, and dismissed the withdrawn applications.

Issues considered

Whether bail should be granted to an accused who was merely a passenger and from whom no contraband was recovered.
Whether the provisions of Section 37 of the NDPS Act apply to an intermediate quantity case.
Procedural propriety of withdrawing bail applications and amending the cause title.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 29, 37, 8(c)

Subjects

bail
NDPS Act
intermediate quantity
Section 483
criminal procedure
special court
passenger liability
bail conditions

Judgment

6-BA-844-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 844 OF 2026

1 Aakash Vijay Jadhav
(Deleted as per order dated 08/09/2026)

2 Shivkumar Bhaskar Thakare

3 Shankar Vinod Paradhe … Applicants
(Deleted as per order dated 08/09/2026)
Versus
1 The State of Maharashtra
Through Chiplun Police Station, Chiplun

2 The Superintendent of Police, Ratnagiri … Respondents

----
 Mr. Aditya S. Raktade i/b. Mr. Sudhir N. Patil for the Applicants.
 Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
 Officer : PSI Mr. V.S. Nikam, Chiplun Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 8th September 2026.

PER COURT :

1. At the outset, Mr. Aditya Raktade, learned Advocate for the Applicants,

on instructions from Applicant No. 1 (Akash Vijay Jadhav) and Applicant No.

3 (Shankar Vinod Paradhe), seeks leave to withdraw this Bail Application,

osk 1 of 6
6-BA-844-2026 (CR).docx

with liberty to file a fresh Bail Application before the Trial Court in the event

of a change in circumstances. This request is not opposed by Ms. Deshmukh,

learned A.P.P. for the Respondents-State.

2. In view of the statement made by Mr. Aditya Raktade, learned

Advocate for the Applicants, leave is granted to withdraw this Bail

Application on behalf of Applicant No. 1 and Applicant No. 3, with liberty as

prayed by Mr. Aditya Raktade, learned Advocate for the Applicants.

Consequently, upon withdrawal, this Application for bail on behalf of

Applicant No. 1 and Applicant No. 3 stands dismissed as withdrawn against

them.

3. Mr. Aditya Raktade, learned Advocate for the Applicants, seeks leave to

amend the cause title forthwith to delete the names of Akash Vijay Jadhav

and Shankar Vinod Paradhe from the cause title. Permission is granted. The

amendment shall be carried out forthwith. Upon the deletion of Applicant

No.1 and Applicant No.3, Shivkumar Bhaskar Thakare (Accused No. 2)

becomes the sole Applicant in this Application.

4. Heard Mr. Aditya Raktade, learned Advocate for the Applicant and

Ms. Deshmukh, learned A.P.P. for the Respondents-State.

5. By this Application filed under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicant (Accused No. 2) seeks regular bail in

osk 2 of 6
6-BA-844-2026 (CR).docx

connection with Crime No. 60 of 2026, dated 4th March 2026, registered at

Chiplun Police Station, District Ratnagiri, for offences punishable under

Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (NDPS Act).

6. Mr. Aditya Raktade, learned Advocate for the Applicant states that

there are three (3) accused in Crime No. 60 of 2026. The Applicant is

accused No.2. He states that, Crime No. 60 of 2026 is registered as Special

Case No. 07 of 2026 and is pending before the Special Court, Chiplun (“Trial

Court”).

7. The case of the prosecution is That the accused in Crime No. 60 of

2026 were apprehended on 3rd March 2026 at 20:20 hours in front of the

Railway Station, across the Mumbai-Goa Highway in Chiplun city. The

accused were found in an auto-rickshaw and a Honda Activa scooter while

transporting 10 packets of Ganja weighing a total of 10.138 kg, valued at Rs.

2,53,450/-.

8. The Applicant was arrested on 6th March 2026. Bail application at

Exhibit No. 15 filed by the Applicant was rejected by the Trial Court on 20 th

July 2026.

9. Mr. Aditya Raktade, learned Advocate for the Applicant, submits that

the Applicant was merely a passenger in the rickshaw. He further submits that

osk 3 of 6
6-BA-844-2026 (CR).docx

no contraband was recovered from the Applicant. He further submits that

there are no Call Detail Record (CDR) links or financial transactions linking

the Applicant to the co-accused. He further submits that the Applicant has no

criminal antecedents. He therefore submits that the Applicant be enlarged on

bail.

10. Ms. Deshmukh, learned APP for the Respondents-State submits that the

offence of transportation of Ganja is attributable to Accused Nos. 1 and 3,

who are habitual offenders with similar antecedents under the NDPS Act to

their credit. The statement made by Mr. Aditya Raktade, learned Advocate for

the Applicant, that the Applicant was found in the rickshaw without any

recovery from him is not contested.

11. Perused the record.

12. The contraband seized in the present crime is of an intermediate

quantity. Thus, the rigours of Section 37 of the NDPS Act would not apply.

13. A perusal of the F.I.R. shows that the Applicant's involvement in the

present offence was limited to being present in the rickshaw when the

accused were apprehended with the contraband. No contraband was

recovered from the Applicant. As submitted by Mr. Aditya Raktade, learned

Advocate for the Applicant, there are no CDR calls or financial transactions

between the Applicant and the other accused and the Applicant has no

osk 4 of 6
6-BA-844-2026 (CR).docx

criminal antecedents.

14. Considering the nature of the allegations against the Applicant in

Crime No. 60 of 2026 and the submissions of the learned Advocates, further

incarceration of the Applicant pending trial of Special Case No. 07 of 2026 is

not necessary.

15. The Application is allowed on the following conditions:

(a) The Criminal Bail Application No. 844 of 2026 stands dismissed
as withdrawn qua Akash Vijay Jadhav and Shankar Vinod
Paradhe.

(b) The Criminal Bail Application No. 844 of 2026 qua Applicant
(Shivkumar Bhaskar Thakare) is allowed.

(c) The Applicant - Shivkumar Bhaskar Thakare in Crime No. 60 of
2026, dated 4th March 2026, registered with Chiplun Police
Station, District Ratnagiri, shall be released on bail upon
furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand
only), with one or two sureties in the like amount to the
satisfaction of the Special Court, Chiplun in Special Case No. 07
of 2026.

(d) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted with
the facts of the case to dissuade such person/s from disclosing
the facts to the Court or any police officer. Applicant shall not
tamper with evidence.

osk 5 of 6
6-BA-844-2026 (CR).docx

(e) The Applicant shall provide the Investigating Officer with his
residential address along with proof, his contact numbers, email
and must inform the Investigating Officer of any changes to this
information from time to time.

(f) The Applicant shall regularly appear in Special Case No. 07 of
2026 pending before the Trial Court, unless specifically
exempted. If the Applicant fails to appear before the Trial Court
on the date fixed, it will be considered a breach of condition,
and the Trial Court, will be at liberty to pass appropriate orders.

(g) The Applicant shall not indulge in any offense similar under the
NDPS Act.

16. The Criminal Bail Application No. 844 of 2026 stands disposed of.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.09
13:17:30 +0530

osk 6 of 6

Continue reading with your account

Checking your session…