10. BA 3503-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3503 OF 2026 Arjun Kailas Devkar .Applicant Vs. The State of Maharashtra .Respondent Mr. Rajendra Bidkar a/w. Mr. Rahul Varde, Advocates, for the Applicant Ms. Shilpa G. Talhar, APP, for the Respondent – State Mr. Jitendra Mhare, PSI present CORAM : MILIND N. JADHAV, J. DATE : 21.09.2026 P. C. 1. Heard Mr. Bidkar, learned Counsel for the Applicant and Ms. Talhar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 65 of 2024 registered with Panvel Taluka Police Station for offences punishable under Sections 8(c), 20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”). 3. The Applicant is indicted in an NDPS offence for having been apprehended along with the alleged contraband namely ‘Ganja’. According to the prosecution, a total amount of 34.05 Kg Ganja has been recovered from the car in which the Accused No. 1 and Accused Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.22 21:39:48 +0530 10. BA 3503-2026.doc No. 2 were traveling. Accused No. 2 is before the Court. Accused No.1, being a driver of the car has been enlarged on bail. The car belongs to a third person from whom the Accused No. 1 has borrowed it for driving. Insofar as the case of the prosecution is concerned, it is prima facie seen that the alleged contraband was recovered from two gunny bags and when according to the Spot Panchanama, the gunny bags were opened, the contraband therein was identified as Ganja along with sticks, stems and leaves together. Insofar as the alleged contraband is concerned, learned Counsel has argued that according to the definition of Ganja, under Section 2(3)(b) of the NDPS Act and as interpreted by this Court in a number Judgments, the prosecution is required to weigh such contraband by separating its flowering seeds from its stems and leaves. That not having been done in writ large on the face of record when the prosecution panchanama appended at page No.78 is seen. Such non-compliance of the provisions of Section 42 of the NDPS Act and the fact that the Applicant is incarcerated for the past more than two years and six months in jail without the trial having commenced or for that matter it will conclude in the near future, persuades me to allow the Application for grant of bail. The Application is allowed. 4. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms Anand 2 of 4 10. BA 3503-2026.doc and conditions:- (i) Applicant – Arjun Kailas Devkar is directed to be immediately released from prison in connection with CR. No. 65 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Panvel Taluka Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or Anand 3 of 4 10. BA 3503-2026.doc tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 5. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 6. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4