BA 825/2023
1
MHCC020136072023
Presented on
Registered on
Decided on
Duration
: 18.09.2023
: 18.09.2023
: 07.10.2023
: 19 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 825 OF 2023
IN
C. R. No. 76/2023
Jateen Prakash Mistry
Age : 33 years
R/o : 65, Divyasukh Niwas,
3rd floor, R. No.5, Khetwadi,
10th lane, Girgaon, Mumbai.

… Applicant/accused no.2
V/s.
State of Maharashtra
(ANC, Azad Maidan Unit)
… Respondent
Appearance :Mr. Mangesh Singh, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
07.10.2023
ORDER
This is an application filed by applicant – Jateen Prakash
Mistry for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested on 01.09.2023 in C.R. No. 76/2023
registered at ANC, Azad Maidan Unit, Mumbai for offence punishable
under sections 8(c) r/w 20(b) & 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (For short, “the NDPS Act”). Perused
BA 825/2023
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bail application and say filed by the Investigating Officer through
learned A.P.P.
2.

Heard learned Counsel Mr. Magesh Singh for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 31.08.2023 PI
Dahiphale along with his associates left for patrolling duty for searching
and verifying the bailed out accused under NDPS Act and also to take
action against the consumer and seller of narcotic drugs. When they
reached to Badruddin Tayyabji Road, S.T. College Compound, Open
ground opposite Barrack No.1, Mumbai, they saw one person having
suspicious movements. When said person saw the police vehicle, he
was trying to hide himself in frightened situation.

Hence, Sr. PI
Dahibhale asked the driver to stop the vehicle beside road. At the same
time, said person tried to run away, but he was caught hold by officers
of the respondent. When officers enquired with him about the reason of
his running away from the spot, he told them that he is having narcotic
drug Charas. Hence, panchas were called. After completing necessary
procedure, his search was taken wherein said person i.e. accused no.1
Niraj Mukesh Waghela was found in possession of 80 gms. of Charas.
During enquiry, accused no.1 Niraj made disclosure statement to the
investigating officer stating that he brought said contraband from the
person by name Jateen Prakash Mistry i.e. accused no.2, who is son of
his owner, where he (accused no.1 Niraj) works. He showed readiness
to show accused no.2 Jatin Prakash Mistry and his place of residence.
Accused no.1 Niraj took the police and two panchas to Flat No.1501 on
15th Floor of Shripati Castle Building in Khetwadi, Girgaon, Mumbai
from where accused no.2 Jatin Prakash Mistry, accused no.3 Jatin
BA 825/2023
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Narendra Parmar, accused no.4 Pratik Nandkumar Jadhav and accused
no.5 Ankit Hemant Kalgutkar were apprehended. After completing
necessary procedure, search of accused no.2 to 5 was conducted,
wherein accused no.2 Jatin Prakash Mistry found in possession of 500
gms. of Charas (150 gms. charas + 350 gms. charas), electric weighing
machine and 35 Ziplock plastic bags. Accused no. 3 – Jatin Narendra
Parmar was found in possession of 100 gms.of Charas and 30 gms. of
Ganja containing green leaves, flowers, seeds of canabbis plat. Further,
search of accused no. 4 – Pratik Nandakumar Jadhav and accused no.5 –
Ankit Hemant Kalgutkar resulted into recovery of 50 gms. each
of
Charas. All contraband came to be seized under panchanama and all
accused came to be arrested after registration of the offence.
4.

The applicant is seeking bail on the grounds that the
quantity of contraband allegedly recovered from the applicant /accused
no.2 individually and collectively is non-commercial quantity. Bar u/sec.
37 of the NDPS Act is not attracted to the present case. Recovery has
been completed and nothing has been remained to be recovered at the
instance of present applicant.

Investigation is completed and no
purpose will be served by detaining the applicant behind bar. The
applicant has no criminal antecedents. The applicant is permanent
resident of Mumbai. The applicant is ready and willing to abide by all
conditions imposed by this Court. He prayed for bail.
5.

Ld. Adv. Mr. Magesh Singh for the applicant submitted that
all accused are found in possession of intermediate quantity of
contraband. This is not the case of commercial quantity of contraband.
Bar under section 37 of the NDPS Act is not attracted. The applicant
does not have a criminal antecedents. He is resident of Mumbai. He is
ready to abide by all conditions imposed by the court. He prayed for
BA 825/2023
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granting bail to the applicant.
6.

Learned APP Shri Shankar Erande for the State submitted
that accused no.1 was found at the spot while discharging the patrolling
duty by the police officers. When accused no.1 was apprehended and
the contraband was recovered from him, he revealed the name of
accused no.2. When the spot shown by accused no.1 was raided to
apprehend accused no.1, accused no.2 as well as accused no.3 to 5 were
also apprehended. Accused no.2 to 5 were also found in possession of
narcotic drug. As five accused are involved in the present crime, bail
application may be rejected. Though non commercial quantity of
contraband is recovered, bail is not required to be granted as per
observations in the case of Narcotics Control Bureau V/s. Mohit
Aggarwal Cri. Appeal No.1001-1002 of 2022 arising out of Petition for
Special Leave to Appeal (Cri.) No.6128-29 of 2021 decided on
12/07/2022. Offence is serious. He prayed for rejection of the bail
application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered. Bar under section 37 of the NDPS
Act is not attracted. No criminal antecedent of the applicant has been
brought on the court. Seizure of contraband is close to the commercial
quantity. As five accused are involved in the crime and they seem to be
in contact with each other, there is reason to believe that they had been
acting in pursuant to their criminal conspiracy. For this reason,
stringent conditions are liable to be imposed while releasing the
accused on bail. The applicant is resident of Mumbai. Presence of the
applicant can be secured. Necessary conditions can be imposed while
releasing the applicant on bail in order to serve purpose of remaining
BA 825/2023
5
investigation. For all these reasons, the applicant is entitled to bail.
Hence, I pass the following order :ORDER
1. Bail Application No. 825/2023 is hereby allowed.
2. Applicant/accused Jateen Prakash Mistry in C.R. No. 76/2023 of
ANC, Azad Maidan Unit registered under section 8(c) r/w 22(b) & 29
of the Narcotic Drugs and Psychotropic Substance Act, 1985 shall be
released on his executing P. R. Bond of Rs. 50,000/- (Rs. Fifty Thousand
only) with one or more sureties in the like amount on following
conditions :(i)
The applicant shall attend the office of ANC, Azad Maidan Unit
on every Monday during 10.00 a.m. to 2.00 p.m. till filing of the
charge-sheet from the date of this order for investigation purpose
of the present crime.

(ii)
The applicant/accused and his sureties shall provide their
respective mobile numbers and correct addresses of their
residences alongwith names of two relatives with their mobile
numbers and addresses.

(iii)
The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the Bail Bonds.

(iv)
The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence while on
bail.

3. Application is disposed off accordingly.
Date : 07.10.2023
Dictated on
: 07.10.2023
Transcribed on : 09.10.2023
Signed on
: 09.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
BA 825/2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME
NAME OF STENOGRAPHER
10.10.2023 at 11.15 a.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
Judgment/order uploaded on
07.10.2023
09.10.2023
10.10.2023