IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.713 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.953 OF 2018
IN
N.D.P.S. L.A.C. NO.152 OF 2018
CNR NO. : MHCC020127432018
Faisal Shafik Shaikh,
]
Aged : 35 years,
]
Occupation : Painter,
]
Residing at Room No.39/40,
]
Bobil Bazar, Shafique Mulla Building
]
(also known as Jabbar Building),
]
Kalyan (West), Dist. Thane – 421 301.
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(Inspector of Police – Khar Police Station, ]
Mumbai, their C.R.No.152/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 16th October, 2018.
Mr. V. P. Shinde, Ld. Adv. for the applicant/accused.
Ms. Meera Choudhari, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused has filed this application under
2
BA 713/18 in RA 953/18
Section 439 of the Code of Criminal Procedure for release on bail on
the grounds mentioned in the application.
2.
The application is opposed by the Investigating Officer by
filing reply dated 15/10/2018 on the grounds mentioned in the reply.
3.
Heard the arguments submitted by the learned Advocate
for the applicant/accused and the learned A.P.P. Perused the copy of
the panchanama and the F.I.R.
4.
As per the prosecution case, allegedly on 30/09/2018, as
per the secret information received, raid was conducted against the
applicant/accused and contraband Cocaine weighing 68 grams was
seized from his possession. Thus, the alleged contraband seized from
the possession of the applicant/accused is above small quantity, but,
below commercial quantity. Therefore, there is no bar of Section 37 of
the N.D.P.S. Act for grant of bail to the applicant/accused. The
applicant/accused has produced photocopy of Pan card and Aadhar
card as a proof of his residential address. Further as per the report of
the I.O., he has already verified the address of the applicant/accused.
Any previous criminal cases against the applicant/accused are not
reported by the I.O. in his reply. Therefore, the applicant/accused is
entitled for the bail. Hence, I pass the following order :
ORDER
1.
Bail application No.713/2018 is allowed in the following
terms :
(i)
The applicant/accused Faisal Shafik Shaikh be released on
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BA 713/18 in RA 953/18
bail on his executing P.R. bond of Rs.25,000/ and surety of the like
amount.
(ii)
The applicant/accused shall be entitled to submit one or
more sureties for compliance of the surety amount.
(iii)
The applicant/accused is given six weeks time to make
arrangement of sureties. In the meantime, he shall be entitled to be
released on bail on provisional cash security of Rs.25,000/.
(iv)
Before release on bail, the applicant/accused shall submit
his address proof and his photograph on record.
(v)
The applicant/accused shall report to the Investigating
Officer once in a week i.e. on every Sunday between 9.00 a.m. to 11.00
a.m. till filing of the chargesheet.
(vi)
The
applicant/accused
shall
not
tamper
with
prosecution evidence.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 16/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
16/10/2018.
19/10/2018.
the
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BA 713/18 in RA 953/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
20/10/2018 at 5.45 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 16/10/2018.
JUDGMENT/ORDER signed by
P.O. on
20/10/2018.
JUDGEMENT/ORDER uploaded on
20/10/2018.