BA.No.892/2023
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NDPS.RA.1269/2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.892 OF 2023
IN
NDPS REMAND APPLICATION NO.1269 OF 2023
CNR NO.MHCC02-015248-2023
Melvin Michael Liger
Age 23 years, Residing at Nayanagar,
Beside Chamunda Medical, Mahim
(West), Mumbai.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Vakola Police
Station, vide CR.No.132 of 2023.)

.. Respondent.

Advocate Ms. Saba Shaikh for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 21st November, 2023.
ORDER
1.

This is an application for bail by applicant/accused Melvin
Michael Liger who has been arrested by officers of Vakola Police Station
in CR.No.132 of 2023, for the offence punishable under Section 8(c)
read with Sections 22(b) and 29 of the Narcotic Drugs and
Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 16.09.2023, at 1.30 p.m.,
the police officer received instructions from his senior that one antinational suspect criminal was residing in a lodge in Saki Naka locality
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and proclamation had been issued against him in another FIR of
Santacruz Police Station.

Accordingly, the police team reached the
lodge and found accused Mohd. Hashim Mohd. Jaffer Shaikh in a room
along with present applicants. On their personal search, 4 grams of MD
was seized from accused no.1 and 3 grams each MD was seized from
them.

Said contraband came to be seized under panchanama. All
accused came to be arrested after registration of FIR against them.
During investigation the accused disclosed that that the contraband was
purchased from the present applicant. He has been arrested. However,
nothing is seized from him.
3.

The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Bail Application No.892 of 2023 is hereby allowed.

2.

Applicant/Accused Melvin Michael Liger being accused in
CR.No.132 of 2023, registered with Vakola Police Station, for the
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offence punishable under Section 8(c) read with Sections 22(b) and 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985, be
released on furnishing solvent surety and P.R. bond of Rs.50,000/(Rupees Fifty Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with Vakola Police Station, on every Tuesday and
Friday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Bail Application No.892 of 2023 in NDPS Remand Application
No.1269 of 2023 is disposed off.

Date : 21.11.2023
Dictated on
: 21.11.2023
Transcribed on : 21.11.2023
HHJ signed on : 21.11.2023
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS.RA.1269/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21.11.2023/5.43 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 21.11.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
21.11.2023
JUDGMENT/ORDER uploaded on
21.11.2023