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BA 811/18 (RA 1082/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.811/2018
IN
N.D.P.S. R.A. No. 1082/2018
1. Girish Yadav Kakade
2. Timappa Maruti Vaidya
..Applicants/Accused
V/s.
The State of Maharashtra,
(at the instance of Shahu Nagar
police station, C.R. No.366/18)
…Respondents
Appearances:­
Ld. Advocate Mr.V.P. Shinde 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 : 21.11.2018.
ORAL ORDER
1.

This is an application for grant of regular bail u/s. 439 of
Cr.P.C. Perused the application. Say of IO and Ld. APP for the State was
called and it is submitted on record vide Exh.2. Seen and considered the
say.
2.

I have heard oral submissions of Ld. Adv. Mr. V.P. Shinde
for the accused/ applicants and Ld. APP Mr. Tawade for the State.
3.

It is submitted on behalf of the applicants that, accused
nos.1 and 2 have been arrested for allegedly committing offences
punishable u/s. 8(c) r/w. Sec.20 and 29 of NDPS Act. It is submitted
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BA 811/18 (RA 1082/18)
that, on 30.10.2018, in a raid conducted by Shahu Nagar police, 8 kgs
contraband Ganja was recovered from the possession of applicants/
accused nos.1 and 2, as per panchanama. Ld. Counsel for the accused/
applicants submitted that, the seized quantity of the contraband i.e. 8
kgs. Ganja is a non­commercial quantity and hence, stringent provisions
of Sec.37 of NDPS Act are not attracted. The applicants are permanent
residents at the address given and not likely to abscond. They have deep
roots in society. Their address proof is produced on record along with
Exh.4 i.e. photocopies of Adhar Card, Election Card, Ration Card and
PAN card. The applicants/ accused are ready to abide by the conditions,
if any imposed by the Court. Hence, applicants/ accused are entitled to
be released on bail.
4.

The application is strongly opposed by Ld APP. He has
relied on the say and submitted that, though the seized contraband i.e.
8 kgs Ganja is a non­commercial quantity, the applicants/ accused are
habitual offenders and several cases bearing C.R.Nos. 143/10 under
IPC, 110/11 under IPC, 13/13 under IPC, 514/14 under NDPS Act,
226/15 under NDPS Act, 270/15 under NDPS Act, 11/12 under edksik,
533/17 under NDPS Act, 492/17 under NDPS Act, 575/17 under NDPS
Act, 1448/12 under edksik, 1643/12 under edksik, 1985/12 under edksik
and 1/13 under edksik are pending against applicant/ accused no.1. If
the applicants/ accused are granted bail, they are likely to abscond and
repeat similar offences in future also. Hence, application is liable to be
rejected.
5.

In reply submission, Ld. Counsel for the applicants Mr.

Shinde submitted that, merely because some cases under NDPS Act are
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BA 811/18 (RA 1082/18)
pending against the applicant/ accused no.1, it cannot be said that, he
is a habitual offender, as per authority of Hon’ble Bombay High Court.
He has placed reliance on the following authorities on this point:­
1. Smt. Najma Abdul Shaikh V/s. The State of
Maharashtra (Cri. Bail Applicationi No. 1311 of
2012) decided on October 23, 2012
2. Vinod Kalyanji Bhagat V/s. Inspector of Customs
and anr (Cri. Application No. 4410 of 2002)decided
on 23rd January, 2003.
3. Raosaheb Patole V/s. The State of Maharashtra
(Cri. Bail Applicationi No. 373 of 2011) decided on
24th March, 2011.
4. Janu @ Billa Malappa Pawar V/s.
Maharashtra (2006 ALL MR (Cri) 2577)
State of
5. Bunty Shankarlal Chugh V/s. State of Maharashtra
& Anr (Writ Petition NO. 717 of 2010)
6. Noor Mohammed Shaikh V/s. The NCB and Anr.
(Cri. Bail Application No.1951 of 2011)
6.

I have gone through the above authorities and find that,
the Hon’ble High Court has held in above said cases that, mere
pendency of the criminal cases against accused, it cannot be concluded
that the accused is a habitual offender.
7.

I have gone through the grounds stated in the application
and taken into consideration oral submissions made by Ld. Counsels for
both sides. It can be seen that, the seized quantity of contraband i.e. 8
kgs Ganja is non­commercial quantity. Therefore, stringent provisions of
Sec.37 of NDPS Act are not applicable. This Court is empowered to
exercise its discretionary jurisdiction to grant bail to the accused in view
of ratio of the above authorities cited and relied upon by the Ld.

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BA 811/18 (RA 1082/18)
Counsel for the accused/ applicants. Ld. Counsel for the applicants has
produced on record photocopies of Ration card, Election Card, Adhar
Card and driving license. Considering the above facts and circumstances
of the case and submissions made before the Court, I am of the opinion
that, the application deserves to be allowed subject to fit conditions.
Hence, I proceed to pass following order:­
ORDER
1.

Bail Application No.811/2018 is hereby allowed.

2.

Applicant/ accused no.1 Girish Yadav Kakade and
applicant/ accused no.2 Timappa Maruti Vaidya
shall be released on their executing P.R.Bonds of
Rs.50,000/­ (Rs. Fifty Thousand Only) each with one
or two local sureties each to the above extent.

3.

The applicants/accused nos. 1 and 2 to attend the
I.O at Shahu Nagar 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
they should give attendance to the PSO Incharge.

4.

The applicants/ accused nos.1 and 2 shall not tamper
with prosecution witnesses/evidence in any manner
and co­operate in the investigation.

5.

The applicants/accused nos. 1 and 2 shall furnish
their cell/ landline numbers and also of their two
nearest relatives or their two friends each, preferably
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BA 811/18 (RA 1082/18)
residing in Mumbai.
6.

The applicants/accused nos. 1 and 2 shall produce
the proof of their identity and proof of residence at
Mumbai at the time of executing the bail bonds.

7.

The applicants/ accused nos. 1 and 2 shall not
commit similar offence while on bail.
In case of breach of any of the above conditions by
the applicants/accused nos.1 and 2, it would entail
cancellation of bail.
Bail
Appln.

No.811/18
stands
disposed
of
accordingly.

Date:­ 21.11.2018
Dictated on: 21.11.2018
Transcribed on: 26.11.2018
HHJ signed on: 26.11.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

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BA 811/18 (RA 1082/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 26.11.18
TIME: 5.25. pm
(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
21.11.18
Judgment/ order signed by P.O on
26.11.18
Judgment/ order uploaded on
26.11.18