IN THE SPECIAL COURT FOR GREATER BOMBAY, BOMBAY
UNDER THE N.D.P.S. ACT.
BAIL APPLICATION NO.561 OF 2018
CNR NO.: MHCC020104092018
(In NDPS Spl. R.A. no.789/2018 in crime no.35/2018 of ANC, Kandivali
Unit for offences under section 8(c) punishable under section 20 and 29
of the Narcotic Drugs and Psychotropic Substances Act.)
1. Lasad Mary Jiva Arjun
Aged: 40 years.
]
]
2. Mariakka Sunil Shinde
Aged: 29 years.
]
]
APPLICANTS
(ACCUSED)
V/s.
The State of Maharashtra, through the
SHO, ANC, Kandivali Unit, Mumbai.
]
]
RESPONDENT
(PROSECUTION)
APPEARANCE:
Ms. Suvidha Patil, Advocate for the Applicants.
Mr. P.S. Tawade, APP for the Respondent/State.
APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL
PROCEDURE
CORAM :
SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE :
23rd August, 2018.
ORDER
(Dictated and pronounced in open Court)
The above named applicants no.1 and 2 are accused no.4
and 5 in the remand proceeding.
The prosecution’s case is that on
13.08.2018, they were arrested for possessing 800 gms. each of ganja.
Since then they are in custody. Hence, they are seeking bail.
2.
I heard the arguments of the learned advocate for the
2
applicants. The investigating officer and the learned additional public
prosecutor did not file say in writing. However, the learned additional
public prosecutor gave his reply orally. I perused the case papers.
3.
It is not disputed that 800 gms. of ganja seized from each of
the applicants is a small quantity.
The learned additional public
prosecutor submitted that the applicants should not repeat the offence.
The learned advocate for the applicants submitted that since it is a case
of small quantity, it is a bailable offence.
4.
Considering the fact that the ganja seized from the applicants
is of small quantity, indisputably the stringent provision of section 37(1)
(b) of the NDPS Act is not attracted.
The maximum punishment
provided for the offence is 10 years. Therefore, I am inclined to grant
bail to the applicants by imposing the usual conditions of address proof
and not to repeat the offence.
Accordingly, the following order is
passed:
FINAL ORDER
The applicants (accused no.4 and 5) be released each on furnishing
a PR Bond of Rs.15,000/ with one or two solvent sureties of like
amount.
The applicants shall not repeat the offence or commit any other
offence similar to the present one which is alleged against them.
The application is allowed and disposed off.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Greater Bombay.
Date: 23/08/2018.
Order Dictated on
Transcribed on
Signed on
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:
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23/08/2018
24/08/2018
24/08/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
24/08/2018 at 5.00 p.m.
UPLOAD DATE AND TIME
BHARAT KASHINATH GAIKWAD
NAME OF STENOGRAPHER
Name of the Judge
HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order
23/08/2018
Order signed by P.O. on
24/08/2018
Order uploaded on
24/08/2018