BA 930/2023
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MHCC020156062023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 930 OF 2023
IN
C. R. NO. 773/2023
Dilipkumar Santram Kanojia @ Chotu
Age : 27 years
R/o :Room No.25, D-Line,
Plot No.43, Road No.07,
Shivaji Nagar, Govandi,
Mumbai – 400 043.
… Applicant/accused no.1
V/s.
State of Maharashtra
(Shivaji Nagar Police Station)
… Respondent
Appearance :Mr. Ganesh Shinde, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
07.11.2023
ORDER
This is an application filed by applicant – Dilipkumar
Santram Kanojia @ Chotu for grant of bail under Section 439 of Code
of Criminal Procedure, 1860 in C. R. No.773/2023 registered at Shivaji
Nagar Police Station for offence punishable under sections 8(c) r/w
sec.22 & 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (For short, “the NDPS Act”). Perused bail application and say filed
by the Investigating Officer through learned A.P.P.

BA 930/2023
2.

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Heard learned CounselMr. Ganesh Shinde for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 30.08.2023 as per
direction of PI Rajane attached to Shivaji Nagar Police Station, Asst. PI
Krushna Dighe, PH Turai, PC Kumbhar and Patole along with informant
left for patrolling duty at about 20.15 hours. At about 00.30 hrs, when
they reached near Budha vihar, opposite Christ the King Church, Shivaji
Nagar, Govandi, Mumbai 400 043, they noticed two persons holding
black colour plastic bags standing near wall of Budha Vihar in
suspicious conditon. Durign enquiry with them, they gave evasive
answers and were trying to flee away from the spot. Hence, they were
apprehended. Thereafter, panchas as well as sealing material was
called. After completing necessary procedure, search of accused no.1 Dilipkumar Santram Kanojia @ Chotu was conducted by HC Turai as
per directions of PI Gavshete, wherein he was found in possession of 12
sealed bottles of Chlorpheniramine Maleate & Codeine Phosphate Syrup
100 ml. containing 10 mg. Codeine in each bottle. He was also found in
possession of one mobile of Silver Redmi 5 G company and cash of Rs.
1200/-. Further, search of accused no. 2 – Sirajuddin Janmohammad
Shaikh was conducted by HC Turai as per directions of PI Gavshete,
which resulted in recovery of 13 sealed bottles of Chlorpheniramine
Maleate & Codeine Phosphate Syrup 100 ml. containing 10 mg. Codeine
in each bottle. Said contraband and articles came to be seized under
panchanama and accused no.1 & 2 came to be arrested after
registration of FIR.
4.

The applicant is seeking bail on the grounds that he is
falsely suspected in this case merely on suspicion of police.The applicant
has
no
way
concern
with
the
commission
of
offence.

The
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applicant/accused was not having any contraband in his hand. While
he was speaking with his friend i.e. accused no.2, police apprehended
them and recovery of one of the plastic bags was shown from him.
Recovery has been completed. The applicant is in custody since more
than one and half month. The applicant is permanent resident of
Mumbai and he is ready and willing to abide by all conditions of bail if
this Court releases him on bail.
5.

Ld. Adv. Mr. Ganesh Shinde for the applicant/accused
submitted that applicant/accused was found in possession of 12 sealed
bottles of Chlorpheniramine Maleate & Codeine Phosphate Syrup 100
ml. containing 10 mg. Codeine in each bottle.

It is doubtful how
officers of respondent came to the conlusion that the suspects are
having narcotic drugs. The contraband allegedly recovered from the
applicant falls under non-commercial quantity. The applicant is in
custody for more than 60 days and investigation has been completed.
The applicant has no criminal antecedents. The applicant is permanent
resident of Mumbai and he is ready to abide by all the conditions
imposed by this Court. Hence, he prayed for releasing him on bail.
6.

Ld. APP Mr. Erande for the State submitted that total 25
cough syrup bottles have been seized from accused no.1 & 2. Ld. APP
placed reliance on the authority of Hira Singh V/s. Union of India
reported as (2017) 8 SCC 162 to state that seized contraband is
commercial quantity and mixture has to be considered. He submitted
that accused Rahul is not yet arrested. The applicant has not shown
any valid license or any bill for possessing the contraband. Offence is
serious. He prayed for rejection of the bail.
7.

Considering rival submissions and material on record, it
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appears that accused no.1 & 2 were found in possession of 12 & 13
sealed bottles respectively having Chlorpheniramine Maleate & Codeine
Phosphate Syrup 100 ml. containing 10 mg. Codeine in each bottle.
Search of both accused is conducted by the HC Turai, who is not
empowered officer within meaning of sec. 42 (1) of the NDPS Act.
Therefore, search is vitiated. Rigors of sec. 37 of the NDPS Act does not
come in the way of granting bail to the applicant in view of above
reason. The applicant is not having criminal antecedents and he is
permanent resident of Mumbai. The applicant can be released on bail
by imposing stringent conditions. He can be directed to attend the
police station for further investigation in the matter.

Hence, I pass
following order :ORDER
1. Bail Application No. 930/2023 is hereby allowed.
2. Applicant/accused Dilipkumar Santram Kanojia @ Chotu in C.R.
No.773/2023 of Shivaji Nagar Police Station registered under section
8(c) r/w 22 & 29 of the Narcotic Drugs and Psychotropic Substances
Act,1985 shall be released on his executing P. R. Bond of Rs. 30,000/(Rs. Thirty Thousand only) with one or two sureties in the like amount.
3. The applicant/accused to attend Shivaji Nagar Police Station on
every Tuesday between 11.00 a.m. to 02.00 p.m. till filing of chargesheet.
4. The applicant/accused and his sureties shall provide their respective
mobile Nos. and correct addresses of their respective residences
along with names of two relatives with their mobile Nos. and addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
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bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.30,000/- for the next four weeks from the date of this order.
9. Application is disposed off accordingly.
Date : 07.11.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 07.11.2023
Transcribed on : 08.11.2023
Signed on
: 08.11.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
08.11.2023
TIME
NAME OF STENOGRAPHER
05.45 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
07.11.2023
Judgment/order uploaded on
08.11.2023
08.11.2023