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2026 DAILYLAW 8537 (BOM)

JAVAHAR ARJUNDAS RAMNANI v. THE STATE OF MAHARASHTRA

BA/3456/2026 · 2026-09-16

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Judgment text

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2. BA-3456-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3456 OF 2026 Javahar Arjundas Ramnani .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Dhiraj Deepak Lalwani a/w Mr. Jinesh Jitendra Koli i/by Mr. Arshad Anwar Shaikh, Advocates for Applicant  Ms. Sangita E. Phad, APP for State  Ms. Mohini Dongare, PSI, Chinchwad Police Station, Dist. Pune ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 16, 2026 P. C. : 1. Heard Mr. Lalwani, learned Advocate for Applicant and Ms. Phad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 129 of 2026 registered with Chinchwad Police Station, Pune for the offences punishable under Sections 8(c) and 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), 3. The Applicant is 68 years old and retired from business. This is his second offense. He is apprehended in a public place outside Chinchwad Railway Station while being in possession of the alleged 1 of 4 2. BA-3456-26.odt contraband which according to the prosecution case is 6.055 kilograms of Marijuana, namely in common parlance known as Ganja. 4. Mr. Lalwani would draw my attention to the prosecution case and would submit that there is prima facie non-compliance of the provisions of Section 42(2) in as much as even according to the prosecution case, they have not adhered to the definition of 'Ganja' while prosecuting the Applicant on the basis of the alleged contraband material which has been seized. He would draw my attention to page 46, which is the report prepared by the Directorate of Forensic Science Laboratories. It prima facie shows that the entire material which has been confiscated along with flowering flowers, fruits, seeds and the vegetative plant is suspected to be Marijuana having combined weight of 6.055 kilograms. The description of the contraband substance given in the said report itself gives away the case of the prosecution. The case of the Applicant is prima facie and clearly covered by the decision of this Court in the case of Kunal Dattu Kadu v. Union of India1. 5. In view of the above and the fact that Applicant is 68 years old would persuade me to consider the case of the Applicant for grant of bail and more particularly so when, even otherwise, the quantity of the confiscated contraband is of intermediate quantity, the Applicant can 1 Anticipatory Bail Application No. 2173 of 2022 2 of 4 2. BA-3456-26.odt undoubtedly be put to appropriate stringent terms. Applicant is therefore granted bail on the following terms and conditions (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 129 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Chinchwad Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not enter the jurisdiction of Chinchwad City except for attending the Police Station and attending the trial; (vi) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 2. BA-3456-26.odt (vii) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (viii)Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 7. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.16 20:11:40 +0530