IN THE SPECIAL COURT FOR GREATER BOMBAY, BOMBAY
UNDER THE N.D.P.S. ACT.
BAIL APPLICATION NO.597 OF 2018
CNR NO.: MHCC020108962018
(In crime no.34/2018 of ANC, Bandra Unit, Mumbai, for offences under
section 8(c) punishable under section 20 & 29 of the NDPS Act in R.A.
No.786/2018.)
1. Kalidas Dhanaji Pawar
Aged: 22 years.
]
]
2. Ramabai Shankar Kale
Aged: 45 years.
]
]
3. Akkabai Bajirao Kale
Aged: 59 years.
]
]
APPLICANTS
(ACCUSED NO.4, 5 & 6)
V/s.
The State of Maharashtra through the ]
SHO, ANC, Bandra Unit, Mumbai.
]
RESPONDENT
(PROSECUTION)
APPEARANCE:
Ms. Priyanka Chabbria h/f Mr. Sandeep D. Sherkhane, Advocates for the
Accused/Applicants.
Mr. P.S. Tawade, APP for the Respondent/State.
APPLICATION FOR BAIL UNDER SECTION 439 OF THE
CODE OF CRIMINAL PROCEDURE
CORAM :
SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE :
6th September, 2018.
ORDER
(Dictated and pronounced in open Court)
The above named accused were arrested on 10.08.2018 as
2
they possessed ganja of 1.5 kg., 800 grams and 700 grams respectively.
They are in judicial custody. Hence, they are seeking bail.
2.
Prosecution filed reply and opposed the bail. I heard the
applicant’s learned advocate and the learned additional public
prosecutor.
3.
Here is no dispute that the quantum of 1.5 kg., 800 grams
and 700 grams of ganja allegedly seized from the applicants is below
the commercial quantity and therefore, the stringent provision of section
37(1)(b) of the NDPS (i.e. Narcotic Drugs and Psychotropic Substances)
Act is not attracted.
4.
The learned advocate for the applicants reiterated the
grounds mentioned in the bail application.
She submitted that
applicants no.2 and 3, being women, have children dependent on them.
They are bread earners of their respective families. They have been
falsely implicated. They are ready to abide by the conditions which may
be imposed by the Court while granting the bail.
5.
The prosecution took the grounds that the investigation
regarding the other companions of the applicants and the source of the
ganja and the intended purchasers, etc., are yet to be investigated.
There is possibility of repetition of the offence and even absconding
also.
6.
There is no allegation that the accused are involved in an
offence punishable with death or imprisonment for life. Section 37(1)
3
(b) of the NDPS Act is not attracted. There is no allegation of criminal
antecedents of the applicants.
They have been already taken into
judicial custody. Therefore, for the remaining part of the investigation,
their detention is not necessary. In these circumstances, I am inclined
to grant the bail on necessary conditions. Hence, the following order is
passed.
FINAL ORDER
The applicants be released on PR Bond of Rs.25,000/ each
with one or two solvent sureties of like amount on the
following conditions.
The applicants shall not commit any offence under the
Narcotic Drugs and Psychotropic Substances Act.
The applicants shall make themselves available for
investigation purpose as and when summoned by the
Investigating Officer.
The application for bail is allowed and disposed off
accordingly.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Greater Bombay.
Date: 06/09/2018.
Order Dictated on :
Transcribed on
:
Signed on
:
06/09/2018
10/09/2018
10/09/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
10/09/2018 at 5.05 p.m.
BHARAT KASHINATH GAIKWAD
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
4
Name of the Judge
HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order
06/09/2018
Order signed by P.O. on
10/09/2018
Order uploaded on
10/09/2018