IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.759 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1015 OF 2018
IN
N.D.P.S. L.A.C. NO.158 OF 2018
CNR NO. : MHCC020134402018
Mohd. Montu Abusid Mandol @ Ramzan, ]
Residing at Lallubhai Compound,
]
Harinandani Akruti Building,
]
21B, Room No.702, 7th Floor,
]
Mankhurd, Mumbai – 400 043.
]
… Applicant/
Accused
V/s.
The State of Maharashtra,
]
(At the instance of Byculla Police Station). ]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 30th October, 2018.
Mr. D. S. Rathod, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused in Byculla police station L.A.C.
No.158/2018, has filed this application under Section 439 of the Code
of Criminal Procedure for release on bail on the grounds mentioned in
the application.
2
2.
BA 759/18 in RA 1015/18
The Investigating Officer has contested this application by
filing reply dated 26/10/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Mr. D. S. Rathod for the applicant/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/State and perused the police
papers.
4.
Allegedly by conducting raid on 15/10/2018 against the
applicant/accused,
near
Lord
Ganesh
Temple,
Kakalij
Chowk,
Wadibunder Road, Mazgaon, Mumbai, the psychotropic substance
‘Ganja’ weighing about 1 kilogram 225 grams which is non commercial
quantity was seized in presence of panch witnesses. Therefore, the
prohibition of grant of bail under Section 37 of the N.D.P.S. Act is not
applicable in this matter. The applicant/accused is a resident of
Lallubhai Compound, Hiranandani Akruti Building at Mankhurd,
Mumbai. The address of the applicant/accused is confirmed by the I.O.
5.
The learned A.P.P. has contended that the wife, motherin
law, sistersinlaw, brothersinlaw and son of the applicant/accused
are engaged in illegal sale of contraband psychotropic substance and
several crimes are registered against them in various police stations.
The police of same police station have registered L.A.C. No.159/2018
against the wife of this applicant/accused. However, any other
complaints against other close relatives of the applicant/accused
allegedly recorded in police station are not produced on record.
Therefore, prima facie, the said contention of the learned A.P.P. is not
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BA 759/18 in RA 1015/18
acceptable. Therefore, the applicant/accused is entitled for release on
bail. Hence, I pass the following order :
ORDER
1.
Bail application No.759/2018 is allowed in the following
terms :
(i)
The applicant/accused Mohd. Montu Abusid Mandol @
Ramzan be released on bail on his executing P.R. bond of Rs.25,000/
and surety of the like amount.
(ii)
The applicant/accused shall be at liberty to submit one or
more sureties to match the surety amount.
(iii)
Six weeks time is given to the applicant/accused to submit
the sureties. In the meantime, the applicant/accused be released on bail
on provisional cash security of Rs.25,000/.
(iv)
Before release on bail, the applicant/accused shall submit
his residential address proof as well as photograph on record.
(v)
The
applicant/accused
shall
not
tamper
with
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 30/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
30/10/2018.
01/11/2018.
the
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BA 759/18 in RA 1015/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
02/11/2018 at 4.30 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 30/10/2018.
JUDGMENT/ORDER signed by
P.O. on
02/11/2018.
JUDGEMENT/ORDER uploaded on
02/11/2018.