IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.697 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.949 OF 2018
IN N.D.P.S. C.R. NO.43 OF 2018
CNR NO. : MHCC020125442018
Anis Noormohammad Shaikh @ Anil,
]
Age : 43 years, Occ.: –,
]
R/o.: G92, Tilak Wadi,
]
Lalbahadur Shastri Road,
]
Ghatkopar (W), Mumbai.
]
(Presently in Judicial Custody).
]
… Applicant/
Accused No.3
V/s.
The State of Maharashtra
]
(ANC, vide C.R. No.43 of 18
]
dated 28/09/2018).
]
… Respondent/
Complainant
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 11th October, 2018.
Mr. Gorakh Liman, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused No.3 Anis Noormohammad Shaikh
@ Anil has filed this application under Section 439 of the Code of
Criminal Procedure for release on bail on the grounds mentioned in the
2
BA 697/18 in RA 949/18
application.
2.
This applicant/accused along with three other accused
persons was arrested on 28/09/2018 after allegedly conducting the
raid. Now he is in judicial custody. As per the contents of the F.I.R. and
the remand report, from the possession of accused No.1, Ganja
weighing 1 kg 500 gram, from the possession of accused No.2 Ganja
weighing 1 kg 200 gram, from the possession of the applicant/accused
No.3, Ganja weighing 1 kg 200 gram and from the possession of
accused No.4, Ganja weighing 1 kg 100 gram were seized.
3.
It is contended on behalf of the applicant/accused that the
alleged ‘Ganja’ seized from the possession of the applicant/accused is
non commercial quantity and therefore, there is no bar under Section
37 of the N.D.P.S. Act for grant of bail to the applicant/accused. It is
further contended that the applicant/accused is a permanent resident
of Mumbai.
4.
The application is opposed by the Investigating Officer by
filing reply dated 10/10/2018. The I.O. has contended that the
applicant/accused and other coaccused are habitual offenders. The
A.N.C., Ghatkopar Unit as well as Cuffe Parade have received several
complaints on phone that these accused Nos.1 to 4 are engaged in
illegally selling Ganja and other contraband substances to the students
of Jhunjhunwala Collage and Indradev Singh International School,
Hindi High School situated at Ghatkopar (W), Mumbai. Therefore, if
the bail is granted to the applicant/accused, he will continue to do his
unlawful activities of selling Ganja to the students. On all these
grounds, the I.O. has requested to reject the application.
3
5.
for
BA 697/18 in RA 949/18
Heard the arguments submitted by the learned Advocate
the
applicant/accused
and
the
learned
A.P.P.
for
the
respondent/State.
6.
The alleged psychotropic substance Ganja seized from the
possession of the applicant/accused is above small quantity, but, below
commercial quantity. Therefore, there is no bar for grant of bail under
Section 37 of the N.D.P.S. Act. Though, the Investigating Officer has
contended
in his
report that
several complaints
against the
applicant/accused are received from the residents of Ghatkopar (West),
of illegally selling Ganja to the students of the college and school, the
name of any complainant is not described in the report, nor copy of any
registered complaint is produced by the I.O. or by the learned A.P.P.
However, considering the said oral contention of the I.O., the
applicant/accused can be directed not to enter within ½ kilometer area
of Jhunjhunwala College and Indradev Singh International School,
Hindi High School situated in Ghatkopar (W), Mumbai, to avoid any
incident of alleged selling contraband by the applicant/accused to the
students. Hence, I pass the following order :
ORDER
1.
Bail application No.697/2018 is allowed in the following
terms :
(i)
The applicant/accused Anis Noormohammad Shaikh @
Anil be released on bail on his executing P.R. bond of Rs.30,000/ and
surety of like amount.
(ii)
The applicant/accused shall be at liberty to submit one or
more sureties for compliance of the surety amount.
4
(iii)
BA 697/18 in RA 949/18
Before release on bail, the applicant/accused shall submit
his address proof and photograph on record.
(iv)
The applicant/accused shall not enter within ½ kilometer
area of Jhunjhunwala College and Indradev Singh International School,
Hindi High School situated in Ghatkopar (W), Mumbai, without prior
permission of this Court, till further orders.
(v)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
(vi)
The applicant/accused shall report to A.N.C., Ghatkopar
Unit, on each Sunday between 9.00 a.m. to 11.00 a.m. till filing of the
chargesheet. So also, after filing of the chargesheet till disposal of the
case, the applicant/accused shall report to A.N.C., Ghatkopar Unit, on
last Sunday of each month between 9.00 a.m. to 11.00 a.m. without
fail.
(vii)
If the applicant/accused makes two consecutive defaults in
making report to A.N.C., Ghatkopar Unit, his bail bonds shall be
cancelled.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge
City Civil & Sessions Court,
Gr. Mumbai.
Date : 11/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
11/10/2018.
16/10/2018.
5
BA 697/18 in RA 949/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
19/10/2018 at 3.00 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. M. S. Mungale
room no.)
(Court Room No.44)
Date
of
Pronouncement
JUDGEMENT/ORDER
of 11/10/2018.
JUDGMENT/ORDER signed by
P.O. on
19/10/2018.
JUDGEMENT/ORDER uploaded on
19/10/2018.