12-BA-904-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 904 OF 2026 Vijay Alias Pappu Bajarang Fakade ...Applicant Versus. The State of Maharashtra And Anr. ...Respondents ----- Mr. Somnath Thengal, Advocate for the Applicant. Ms. Mahalakshmi Ganapathy, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 29th September, 2026. P.C. : 1. Heard, Mr. Somnath Thengal, learned Advocate for the Applicant and Ms. Mahalakshmi Ganapathy, learned APP for the Respondent – State. 2. By the present Application filed under Section 483 of BNSS 2023, the Applicant seeks Regular Bail in respect of Crime No. 124 of 2026 registered at MIDC Kupwad Police Station for offences punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, 1985). 3. Mr. Somnath Thengal, learned Advocate for the Applicant, states that there are five (5) Accused in Crime No. 124 of 2026, with the Arjun 1 12-BA-904-2026.odt Applicant being Accused No. 5. He further states that Crime No. 124 of 2026 is registered as Special Case (NDPS) No. 159 of 2026 and is pending before the Additional Sessions Judge, Sangli (“Trial Court”). 4. The prosecution case is that on 20.05.2026, secret information was received that a golden-coloured Innova vehicle without a number plate was proceeding towards Kavalapur MIDC, Kupwad Road, carrying ganja. As per the information, the police followed the vehicle and stopped it at Kupwad on 21.05.2026. The driver Accused No. 1-Vicky Vijay Kamble, started running away but was apprehended and the contraband seized. 5. The Applicant was arrested on 22.05.2026. Bail Application at Exhibit-4 filed in Special Case (NDPS) No. 159 of 2026, was rejected by the Trial Court on 29.08.2026. 6. Mr. Somnath Thengal, learned Advocate for the Applicant, submits that the Applicant's involvement in Crime No. 124 of 2026 is based on the statement of a co-accused, i.e. Accused No. 1 in the crime. He submits that the statement of Accused No. 1 is inadmissible as it is hit by the provisions of Section 67 of the NDPS Act. He submits that the Applicant was not found in possession of any contraband. He submits Arjun 2 12-BA-904-2026.odt that there are no CDR records or any financial transactions between the Applicant and the other accused in the crime. 7. Ms. Mahalakshmi Ganapathy, learned APP for the Respondent – State, submits that the offence is under the NDPS Act, a serious offence and that the Applicant has criminal antecedents to his credit. She therefore opposes the grant of bail. 8. Mr. Somnath Thengal, learned Advocate for the Applicant, states that the Applicant has no antecedents in respect of any offence under the NDPS Act. 9. Perused the records with the assistance of the learned Advocate for the parties. 10. The seized contraband is of commercial quantity. 11. The chargesheet in Crime No. 124 of 2026 shows that the prosecution has implicated the Applicant solely on the basis of a statement made by the co-accused (Vicky Vijay Kamble – Accused No. 1) while he was in police custody. No other material has been placed on record to establish the Applicant's involvement or complicity in Crime No. 124 of 2026. Arjun 3 12-BA-904-2026.odt 12. The Hon’ble Supreme Court in the case of Toofan Singh v. State of Tamil Nadu1 in paragraph no. 158.1 and 158.2, has observed as follows :- 158.1. That the officers who are invested with powers under Section 53 of the NDPS Act are “police officers” within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act. 158.2. That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. 13. Though Ms. Mahalakshmi Ganapathy, learned APP for the Respondent – State, has pointed out the Applicant's antecedents, a perusal of the antecedents does not indicate that they pertain to any offence under the NDPS Act. 14. In the above circumstances, prima facie, there are reasonable grounds to believe that the Applicant is not involved in the said offences. Accordingly, the rigours of Section 37 of the NDPS Act would not apply. The Applicant is therefore entitled to bail. 1 (2021) 4 SCC 1 Arjun 4 12-BA-904-2026.odt 15. In view of the above, this Application is allowed on the following terms :- (a) Applicant in Crime No. 124 of 2026 dated 21.05.2026, registered with MIDC Kupwad Police Station, shall be released on bail upon furnishing a PR bond of Rs. 1,00,000/- (Rupees One Lakhs Only) with one or two sureties in the like amount, to the satisfaction of the Trial Court in Special Case (NDPS) No. 159 of 2026. (b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence in any manner. (c) Applicant shall appear and report to the Investigating Officer, MIDC Kupwad Police Station, on the first Monday of each month, from 11.00 a.m to 12.00 p.m., commencing from 05.10.2026, till the Arjun 5 12-BA-904-2026.odt conclusion of trial in Special Case (NDPS) No. 159 of 2026. (d) Applicant shall, within three (3) days of his release, provide the Investigating Officer at MIDC Kupwad Police Station with his residential address and proof thereof, his contact number, email and must inform the Investigating Officer of any changes to this information from time to time. (e) Applicant shall surrender his passport, if any, to the Investigating Officer, MIDC Kupwad Police Station within three (3) days of his release. (f) Applicant shall regularly appear before the Trial Court in Special Case (NDPS) No. 159 of 2026, whenever the matter is fixed, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the fixed date, it will be considered a breach of condition, and the Trial Court, will be at liberty to pass appropriate orders. (g) Applicant shall not indulge in similar Arjun 6 12-BA-904-2026.odt offences punishable under the NDPS Act. 16. The observations made in the present order are meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial. 17. Bail Application No. 904 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 7 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.30 21:51:12 +0530