NDPS Spl RA 736/2018
1
BA 678/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 678 OF 2018
IN
NDPS SPECIAL REMAND APPLICATION NO. 736 OF 2018
1.
Charles Ifeanyl Eziha
Age 28 yrs., having permanent
resident at Nigeria.
2.
Ken Kone Ismael
Age – 28 yrs., permanent
resident of Ivory Coast.
… Applicant/
Accused
V/s.
The State of Maharashtra
Through Anti Narcotic Cell,
Ghatkopar Unit.
… Respondent
Appearance :
Ld. Advocate Mr. S. Jitendra for the applicant/accused.
Ld. APP Mr. Panjwani for the State.
CORAM : H.H.J THE SPECIAL JUDGE (NDPS)
& ADDL.SESSIONS JUDGE
SHRI. V.V. VIDWANS (CR NO.42).
DATE : 29th SEPTEMBER, 2018.
ORAL ORDER
This is an application filed on behalf of accused no.1
Charles Ifeanyl Eziha and accused no. 5 Ken Kone Ismael under Section
167 (2) of the Cr.P.C. The copy of the application was served on the
APP on behalf of the State. I called say of investigating officer and APP
and heard Ld. Advocate Mr. Jitendra on behalf of the accused nos. 1
and 5.
NDPS Spl RA 736/2018
2.
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BA 678/2018
It is submitted on behalf of the accused that they were arrested in
C.R. no. 30/2018 under Section 8(c) r/w 21(b), 22 (b) and 29 of the
NDPS Act r/w Section 14(a)(b) of the Foreigners Act r/w Sections 37
and 135 of the Maharashtra Police Rules, 1952 r/w 332, 353, 34 of the
IPC on 28/07/2018.
As per the prosecution case the police have
recovered 16 gms cocaine from accused no. 1 and 9 gm of Mephedrone
from accused no. 5 along with one button knife from each of them.
3.
It is submitted by the Ld. Advocate Mr. Jitendra that the quantity
of the seized contraband is noncommercial quantity and the
punishment is upto 10 years of imprisonment. It is submitted that the
quantity recovered from each accused to be calculated separately and
not collectively together as per the ruling of the Hon’ble High Court
reported in the case of Sangita Gaikwad v/s State of Maharashtra.
The accused persons are foreign nationals and therefore, they are ready
to surrender their passport and provide the residential address in
Mumbai, if asked by this court, within 15 days of their release.
4.
Ld. Counsel for the accused submitted that the accused were
arrested on 28/07/2018 and till today i.e. on 28/09/2018 the charge
sheet has not filed and the police have been unable to complete the
investigation in the case. Under these circumstances, the accused nos.1
and 5 are entitled to be released on default bail.
5.
The learned APP on behalf of the State submitted that the fact
that till today chargesheet in the case is not filed by the police, as per
office endorsement on the front page of bail application. Therefore,
proper order may be passed.
NDPS Spl RA 736/2018
6.
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BA 678/2018
Considering the submissions made before the court and the facts
and circumstances of the case it is clear that the accused nos. 1 and 5
were arrested with the coaccused on 28/07/2018 for the alleged
offences committed under the NDPS Act, Foreigners Act and IPC. It is
also the matter of record that the offence allegedly committed by the
accused nos. 1 and 5 are punishable upto 10 years imprisonment.
Therefore, it was incumbent on the police to file the chargesheet within
the stipulated period of 60 days. The accused nos. 1 and 5 are foreign
nationals and do not have permanent resident address in Mumbai. But,
as per submissions made, they are ready to give undertaking that they
will not leave India without prior permission of the court and shall
produce their residential address in Mumbai within 15 days from the
date of their release. They are ready to surrender their passport with
the investigation agency.
Therefore, accused nos. 1 and 5 are entitled
to be released on default bail subject to conditions.
Hence, the
following order:
ORDER
1.
Bail
Application
No.
678/2018
in
NDPS
Remand
Application No. 736/2018 is hereby allowed.
2.
Applicant/ accused no. 1 – Charles Ifeanyl Eziha and
applicant/accused no. 5 – Ken Kone Ismael shall be released on
their executing P.R.Bond of Rs.1,00,000/ (Rs. One Lakh Only)
each, with one or two solvent sureties in the like amount.
3.
Within one week from their release, the applicants/accused
shall furnish an undertaking stating therein that they will not leave
India without prior permission of the Court.
4.
Within
fifteen
days
from
their
release,
the
NDPS Spl RA 736/2018
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BA 678/2018
applicants/accused shall produce the proof of their identity and
proof of their residence at Mumbai at the time of executing the bail
bond.
5.
The applicants/accused to attend the Court punctually and
regularly during the trial and shall cooperate for early disposal of
the case and shall not indulge in similar activities while on bail and
shall not delay the trial.
6.
The passport of the applicants/accused if seized shall not
be released and to be kept deposited with concerned police station
until further orders.
If their passport is not seized, they shall
surrender the same to the concerned police station.
7.
The applicants/accused shall not tamper with prosecution
witnesses/evidence in any manner.
8.
In case of breach of any of the above conditions by the
applicant/accused, it would entail cancellation of bail.
9.
Bail Application stands disposed of accordingly.
Date:29.09.2018
Dictated on
Typed on
Checked on
Signed on
: 29.09.2018.
: 01.10.2018.
: 01.10.2018.
: 03.10.2018.
(V.V. Vidwans)
N.D.P.S Special Judge
Incharge of C.R. 43.
City Civil & Sessions Court,
Gr. Bombay (CR 42)
NDPS Spl RA 736/2018
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BA 678/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
03.10.2018, 03.14 pm.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. V.V. Vidwans
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 29.09.2018.
JUDGMENT/ORDER
P.O. on
by 03.10.2018.
signed
JUDGMENT/ORDER uploaded on
03.10.2018.