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BA 854/18 (RA 1121/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.854/2018
IN
N.D.P.S. R.A. No. 1121/2018
Faizami Ekam Peter
..Applicant/Accused
V/s.
The State of Maharashtra,
(at the instance of MRA Marg Police
station, C.R. No. 46/18)
…Respondents
Appearances:
Ld. Advocate Mr. Liman for applicant/accused.
Ld. APP Mr. P.S Tawade for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 05.12.2018
ORAL ORDER
1.
This is an application for grant of regular bail u/s. 439 of
Cr.P.C filed by accused. Say of IO and Ld. APP on behalf of State was
called and it is filed on record vide Exh.2. Seen and considered the say.
2.
I have heard Ld. Adv. Mr. Liman for the accused and Ld.
APP Mr. Tawade for the State.
3.
It is submitted on behalf of accused/ applicant that, as per
prosecution, applicant was arrested by MRA Marg police on 12.11.2018
for allegedly possessing 52 grams of Cocaine.
It is the case of
prosecution that, on 12.11.2018, while PSI Shinde, along with staff,
was on patrolling duty in South Mumbai, they had found the accused
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BA 854/18 (RA 1121/18)
while moving in suspicious manner near Sir. S.R. Road, Ballard Pier,
Mumbai. During his personal search, 52 grams of Cocaine was found in
his pocket.
4.
On the above factual background, Ld. Counsel for the
accused submitted that, the quantity of contraband i.e. 52 grams is a
noncommercial quantity, therefore stringent provisions of Sec.37 of
NDPS Act are not attracted in this case. In the similar circumstances,
Hon’ble High Court has granted bail to accused persons. The applicant/
accused is behind bar from the date of his arrest on 12.11.2018. He is
ready to abide by the conditions if any imposed by this Court. Under the
above circumstances, this Court has got discretion to grant bail to the
accused.
5.
Ld. APP has strongly opposed the application and relied on
the say. He submitted that, there is prima facie case against the accused.
Police have recovered 52 grams of Cocaine from his possession. The
alleged offence is of serious nature. Valuation of the seized contraband
is Rs.2,60,000/ as per illicit market value. The accused is a Nigerian
national. If bail is granted, he is likely to abscond. Investigation is in
progress. The applicant is not having any permanent residential
address, therefore he is likely to abscond if granted bail.
Hence,
application is liable to be rejected.
6.
I have gone through the grounds stated in the application
and considered the say filed by Ld. APP for the State. It is clear from the
facts and circumstances of the case that, quantity of seized contraband
i.e. 52 gms Cocaine is a noncommercial quantity, therefore stringent
provisions of Sec.37 of NDPS Act are not attracted in this case. It is true
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BA 854/18 (RA 1121/18)
that, the accused is foreign national and is not having permanent
residential address in India, however on that ground alone bail
application cannot be rejected. I am of the opinion that, if stringent
conditions are imposed, the purpose of prosecution will be served.
Hence, I proceed to pass following order:
ORDER
1.
Bail Application No.854 of 2018 is hereby allowed.
2.
Applicant/ accused Faizami Ekam Peter shall be
released on his executing P.R.Bond of Rs.1,00,000/
(Rs. One Lakh only) with one or two solvent sureties
in the like amount.
3.
Within
one
week
applicant/accused shall
from
his
furnish
release,
an
the
undertaking
stating therein that he will not leave India without
prior permission of the Court.
4.
Within fifteen days from his release, the applicant/
accused shall produce the proof of his identity and
proof of residence at Mumbai at the time of
executing the bail bond.
5.
The applicant/accused to attend the I.O at MRA
Marg Police Station for the purpose of investigation
once in a fortnight on 1st and third Saturday of the
month between 11.00 am to 2.00 pm till filing of the
chargesheet. If I.O is absent, then he should give
attendance to the PSO Incharge.
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6.
BA 854/18 (RA 1121/18)
The passport of the applicant shall not be released
and to be kept deposited with concerned police
station until further orders.
7.
The applicant/ accused shall not tamper with
prosecution witnesses/ evidence in any manner.
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail
Appln.
No.854/18
stands
disposed
of
accordingly.
Date: 5.12.2018
Dictated on: 5.12.2018
Transcribed on: 6.12.2018
HHJ signed on: 6.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 7.12.2018
TIME: 10.46 am.
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.)
Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
5.12.2018
Judgment/ order signed by P.O on
6.12.2018
Judgment/ order uploaded on
7.12.2018