IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.720 OF 2018
IN
REMAND APPLICATION NO.954 OF 2018
IN
N.D.P.S. L.A.C. NO.176 OF 2018
CNR NO. : MHCC020128202018
1. Mohd. Iqbal Abdul Hamid Memon,
]
Age : 41 years, Occ.: Salesman,
]
R/o.: 149, MUN. H. No.149,
]
Rukiyabai Ibrahim Bldg.,
]
Zakeriya Masjid Street,
]
Mumbai – 400 003.
]
2. Mohd. Shahid Mohd. Saeed Qureshi,
]
Age : 29 years, Occ.: Business,
]
R/o.: Jublie Compound, 1st Floor,
]
A, Room No.33, Shaikh Hafizudin Marg, ]
Byculla (W), Mumbai – 400 008.
]
… Applicants/
Org. Accused Nos.1 & 2
V/s.
State of Maharashtra
]
(Through – The Sr. Inspector of Police,
]
Nagpada P. S.)
]
… Respondent/
Org. Complainant
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 12th October, 2018.
2
BA 720/18 in RA 954/18
Mr. S. R. Abbas, Ld. Adv. for the applicants/accused.
Mr. P. S. Tawade, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicants/accused Nos.1 and 2 have filed this
application under Section 439 of the Code of Criminal Procedure for
release on bail on the grounds mentioned in the application.
2.
The Investigating Officer has contested this application by
filing his reply. The I.O. has contended that the applicants/accused
persons are habitual offenders, therefore, if bail is granted to them,
they may involve in similar offence in future also.
3.
for
Heard the arguments submitted by the learned Advocate
the
applicants/accused
and
the
learned
A.P.P.
for
the
respondent/State. Perused the police record.
4.
As per the prosecution case, on 02/10/2018, as per
information, raid was conducted against the applicants/accused and
6 gram each Mephedron (M.D.) – contraband was seized from the
possession of the applicants/accused Nos.1 and 2. Thus, the alleged
contraband seized from the possession of the applicants/accused Nos.1
and 2 is above small quantity, but, below commercial quantity. The
copy of Aadhar card of the applicant/accused No.2 is annexed to the
bail application. The address proof of the applicant/accused No.1 is not
given. Therefore, considering non commercial quantity of contraband
allegedly seized from the applicants/accused Nos.1 and 2, they are
entitled for release on bail on certain conditions. Hence, I pass the
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BA 720/18 in RA 954/18
following order :
ORDER
1.
Bail application No.720/2018 is allowed in the following
terms :
(i)
The applicants/accused Nos.1 and 2 namely Mohd. Iqbal
Abdul Hamid Memon and Mohd. Shahid Mohd. Saeed Qureshi be
released on bail on their respectively executing P.R. bond of
Rs.15,000/ each and surety of like amount.
(ii)
The applicants/accused shall submit their respective
address proof and their respective photograph on record as
precondition for release on bail.
(iii)
The applicants/accused
shall not
tamper
with
prosecution evidence.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge
City Civil & Sessions Court,
Gr. Mumbai.
Date : 12/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
12/10/2018.
12/10/2018.
the
4
BA 720/18 in RA 954/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
16/10/2018 at 2.00 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
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 12/10/2018.
JUDGMENT/ORDER signed by
P.O. on
16/10/2018.
JUDGEMENT/ORDER uploaded on
16/10/2018.