IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.919 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.997 OF 2018
CNR NO. : MHCC020159782018
Manzar Deen Mohd. Shaikh,
]
Age : 43 years, Occ.: Labour,
]
R/o.: 5, Ground Floor, Plot No.5/7,
]
Amina Bldg., 7th lane, Falkland Road,
]
Khetwadi, Mumbai 400 004.
]
(He is in Judicial Custody).
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
Through AN Cell, Ghatkopar.
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 19th December, 2018.
Mr. S. R. Patil, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused has filed this application under
Section 439 of the Code of Criminal Procedure for release on bail on
the grounds mentioned in the bail application. In short, the contention
2
BA 919/18 in RA 997/18
of the applicant/accused is that as per the prosecution case, on
11/10/2018, the police officers who were on patrolling duty
apprehended the applicant/accused and from his possession 89 grams
of Heroin was seized. The applicant/accused has contended that the
said alleged recovery of contraband is not commercial quantity,
therefore, there is no bar under Section 37 of the Narcotic Drugs and
Psychotropic Substances Act. He has contended that he is a permanent
resident of the address mentioned in the bail application and he would
abide by all the conditions of bail.
2.
The application is opposed by the Investigating Officer by
filing reply dated 18/12/2018. In the reply, it is contended that though,
the contraband Heroin recovered from the possession of the
applicant/accused is not commercial quantity, from his possession 89
grams Heroin having market value of Rs.8,90,000/ was recovered. The
applicant/accused is a habitual offender and if bail is granted to him,
he may abscond. On these grounds, the Investigating Officer has
requested to reject the application.
3.
Heard the arguments submitted by the learned Advocate
Mr. S. R. Patil for the applicant/accused and the learned A.P.P. Mr. B.
G. Rajput for the respondent/prosecution.
4.
As per the prosecution case, the police officers who were
on patrolling duty near Shahid Ashok Kamathe garden on Ghatkopar –
Mankhurd Link Road, Govandi, Mumbai, found the applicant/accused
standing in suspicious condition, therefore, they apprehended him and
by following the procedure in presence of panch witnesses, 89 grams
3
BA 919/18 in RA 997/18
Heroin was seized from the possession of the applicant/accused. The
value of the said contraband is Rs.8,90,000/. The learned A.P.P. has
contended that the said offence attracts punishment under Section 21
of the N.D.P.S. Act for which punishment prescribed is upto ten years
imprisonment and fine of Rs.1 Lakh.
5.
The
applicant/accused
is
a
permanent
resident
of
Babulnath Dadisheth Road, Babulnath, Gaondevi, Mumbai. The offence
alleged against the applicant/accused is punishable with less than life
imprisonment. The alleged contraband attached from the possession of
the applicant/accused is less than commercial quantity, therefore, there
is no reason to keep the applicant/accused behind the bars. Hence, I
pass the following order :
ORDER
1.
Bail application No.919/2018 is allowed in the following
terms :
(i)
The applicant/accused Manzar Deen Mohd. Shaikh be
released on bail on his executing P.R. bond of Rs.1,00,000/ and surety
of the like amount.
(ii)
The applicant/accused is entitled to submit one or more
sureties to match the surety amount.
(iii)
Six weeks time is given to the applicant/accused to arrange
for the surety. In the meantime, the applicant/accused be released on
the provisional cash security of Rs.1,00,000/.
(iv)
Before release on bail, the applicant/accused shall submit
his residential address proof as well as his photograph on record.
4
(v)
BA 919/18 in RA 997/18
The applicant/accused shall report to Anti Narcotic Cell,
Ghatkopar Unit, Mumbai, on each Monday between 11.00 a.m. to 2.00
p.m. till filing of the chargesheet and thereafter, he shall report to the
said A.N.C. Unit on last Monday of each month till final disposal of the
case against him.
(vi)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
adjourned date.
(vii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 19/12/2018.
Dictated on
Transcribed on
Signed on
:
:
:
19/12/2018.
21/12/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
21/12/2018 at 3.15 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
5
BA 919/18 in RA 997/18
Name of the Judge ( With Court H.H.J. Shri. M. S. Mungale
Room No.)
(Court Room No.44)
Date
of
Pronouncement
JUDGEMENT/ORDER
of 19/12/2018.
JUDGMENT/ORDER signed by
P.O. on
21/12/2018.
JUDGEMENT/ORDER uploaded on
21/12/2018.