NDPS BA 1099.23
1
MHCC020192632023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 1099/2023
IN
C. R. NO. 770 OF 2023
Ashish Santosh Devlekar
Age : 19 years,
R/o : R. No.4, Pawar Chawl,
Boudhwadi, M. M. Road,
Marol Village, Andheri (East),
Mumbai – 400 059.

… Applicant/accused
V/s.
The State of Maharashtra
(MIDC Police Station)
… Respondent
Appearance :Mr. Rajesh Teke, Adv. for applicant.
Mr. B. G. Rajput, APP for respondent/State.
CORAM :
DATE :
THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
22.01.2024
ORDER
The applicant/accused Ashish Santosh Devlekar has filed
the instant application under Section 439 of the Code of Criminal
Procedure, 1973, seeking regular bail in connection with Crime No.
770/2023 registered under Sections 8(c), 22(b) read with 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985, with MIDC
NDPS BA 1099.23
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Police Station in Mumbai.
2.

In short, according to the applicant he has not committed
any crime and he has been falsely implicated in this case. He has clean
antecedents and permanent place of abode. The quantity allegedly
recovered from the applicant is non-commercial quantity. The applicant
is ready to furnish surety as directed by this Court. Therefore, the
applicant prayed for releasing him on bail.
3.

The investigating officer has objected to this application by
filing a reply at Exh.2. It is contended that on 01.12.2023, the applicant
and co-accused were found in possession of 5 gms. and 7 gms. MD
respectively. Said contraband came to be seized by following due
procedure and both accused were arrested. Total 12 gms. MD has been
seized in the present crime. The wanted accused is yet to be arrested.
If the applicant is released on bail, he may abscond, repeat the
commission of the crime, tamper with prosecution evidence, and
pressure witnesses. Therefore, the bail application may be rejected.
4.

Learned Counsel, Mr. Rajesh Teke for the applicant
submitted that the applicant has no antecedents. The quantity allegedly
recovered at the instance of the applicant is too much less than the
commercial quantity. The applicant is having permanent place of
abode. The applicant is ready to abide by the conditions of the bail
bonds and furnish surety as directed by this court. Therefore the
applicant may be released on bail.
5.

On the other hand, learned APP Mr. B. G. Rajput for the
State submitted that the offence is serious punishable upto 10 years.

NDPS BA 1099.23
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Investigation is yet to be over. Therefore, the bail application may be
rejected.
6.

Considering the submissions from both sides and the fact
that the quantity allegedly recovered at the instance of the applicant is
5 gms. MD, which is far less than the commercial quantity and so also
the entire quantity involved in the crime is 12 gms. MD. The applicant
has no criminal antecedents and appears to be well rooted in the
Society, I think it proper to release the applicant on bail under stringent
conditions. Hence, I proceed to pass the following order.
ORDER
1. Bail Application no. 1099/2023 is hereby allowed.
2. The applicant/accused Ashish Santosh Devlekar, arrested in Crime
No. 770/2023, shall be released on bail upon executing a personal
bond of Rs. Sixty Thousand, along with one or two solvent surety
bond/bonds of the said amount, to ensure his appearance at all
required times during the legal proceedings, subject to the following
conditions:
a. The applicant/accused is directed to report to the MIDC Police
Station every Sunday between 10.00 a.m. to 11.00 a.m., till
filling of the final report without fail.
b. The applicant/accused is prohibited from leaving the jurisdiction
of Mumbai without explicit permission from the investigating
officer or the Court.
c. The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals
NDPS BA 1099.23
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directly associated with the case. The applicant/accused shall not
tamper with any evidence or documents related to the case.
d. The applicant/accused must maintain a stable residence at his
current address in Marol Village, Andheri, Mumbai and is
required to inform the court and the investigating officer of any
change in his residential address. The accused shall furnish his
active mobile number to the Investigating Officer and shall also
immediately report any change in his mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in
their investigation.
f. The applicant/accused shall surrender his passport, if any, before
the Investigating Officer within a week and, if he does not
possess any passport, he shall file an affidavit to that effect
before the Investigating Officer.
g. The applicant/accused is prohibited from engaging in activities
that might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers
related to the case.
i.

As
per
para
No.12(1)
of
the
Criminal
Manual,
the
applicant/accused before release on bail shall furnish the list of
three blood relatives with their detail residential addresses and
also the addresses of their place of work, if any, and shall also
NDPS BA 1099.23
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produce documentary proofs showing the correctness of details
produced by him.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.

Date : 22.01.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 22.01.2024
: 22.01.2024
: 23.01.2024
: 23.01.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
24.01.2024
03.00 p.m.

Name of the Judge
Mrs. S. W. Tuscano
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
22.01.2024
Judgment/order uploaded on
24.01.2024
23.01.2024