IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.768 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.978 OF 2018
IN
N.D.P.S. C.R. NO.91 OF 2018
CNR NO. : MHCC020135972018
Okoro Ikechukwu David,
]
Aged 27 years, Occ.: Nil,
]
Nigerian National,
]
Residing at Room No.304, 3rd Floor,
]
Krishna Building, Mangal Nagar,
]
Hatkesh, Mira Road (East),
]
District – Thane – 401 107.
]
(Presently lodged at Taloja Central
]
Prison at Navi Mumbai).
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(at the instance of Tardeo Police Station,
]
Mumbai, vide their C.R.No.91/2018
]
dated 07.10.2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 15th November, 2018.
Mr. S. S. Bhandary, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
2
BA 768/18 in RA 978/18
ORDER
1.
The applicant/accused, who is a foreign national, 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.
The application is opposed by the Investigating Officer by
filing reply dated 03/11/2018 on the grounds mentioned therein.
3.
Heard the arguments submitted by learned Advocate
Mr. S. S. Bhandary for the applicant/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/State. Perused the police papers.
4.
As per the prosecution case, by conducting raid on
07/10/2018, the contraband psychotropic substance Mephedron
weighing about 45 grams valued Rs.1,35,000/ was seized from the
possession of the applicant/accused. Thus, the alleged contraband
seized from the possession of the applicant/accused is above small
quantity, but, below commercial quantity.
5.
The
learned
A.P.P.
has
contended
that
the
applicant/accused is a foreign national and during police custody
remand, he has not given cooperation regarding his Passport and Visa
and therefore, if the bail is granted to the applicant/accused, he may
abscond and he will not turn to the Court to face the trial.
6.
On the other hand, the learned Advocate for the
applicant/accused has submitted on record the Passport and Visa of the
3
BA 768/18 in RA 978/18
applicant/accused and the said Passport and Visa has been given to the
Investigating Officer for verification. Therefore, unless the Passport and
Visa of the applicant/accused is returned to him, there is no likely that
the applicant/accused may leave India.
7.
It further appears from the Visa that the Visa of the
applicant/accused is going to expire on 07/12/2018. The learned
Advocate for the applicant/accused has submitted that the Passport is
in custody of the Investigating Officer, therefore, after getting bail, the
applicant/accused may apply for getting period extended of his Visa.
There is much substance in his submission. If the condition of reporting
to the police station is imposed against the applicant/accused, the
purpose of securing presence of the applicant/accused will be served.
The attached contraband is non commercial quantity, therefore, there is
no bar under Section 37 of the Narcotic Drugs and Psychotropic
Substances Act for granting bail to the applicant/accused. The only
obstacle is that the applicant/accused is a foreign national. However, if
the Passport of the applicant/accused is not returned to him, there is no
possibility of the applicant/accused leaving India. Hence, I pass the
following order :
ORDER
1.
Bail application No.768/2018 is allowed in the following
terms :
(i)
The applicant/accused Okoro Ikechukwu David 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 at liberty to submit one or more
4
BA 768/18 in RA 978/18
sureties for compliance of the surety amount.
(iii)
Before release on bail, the applicant/accused shall submit
his residential address at Mumbai with documentary proof.
(iv)
The applicant/accused shall also submit on record his
photograph.
(v)
The applicant/accused shall report to the Tardeo police
station on each Sunday between 9.00 a.m. to 11.00 a.m. till final
disposal of the case against him.
(vi)
Till further order, the applicant/accused shall not leave
jurisdiction of this Court without permission of this Court.
2.
After verification of the Passport and Visa of the
applicant/accused, the Investigating Officer shall submit the same
before this Court.
3.
The said Passport and Visa of the applicant/accused shall
not be returned to the applicant/accused or any person on his behalf
without permission of this Court.
4.
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence and he shall not involve himself in similar
offence.
5.
Copy of this order shall be supplied to the Investigating
Officer for compliance of the order.
6.
At the oral request of the learned Advocate for the
applicant/accused, three weeks time is given to the applicant/accused
to arrange the sureties. In the meantime, the applicant/accused be
5
released
on
bail
on
submitting
BA 768/18 in RA 978/18
provisional
cash
security
of
Rs.1,00,000/.
7.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 15/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
15/11/2018.
22/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
26/11/2018 at 5.45 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 15/11/2018.
JUDGMENT/ORDER signed by
P.O. on
26/11/2018.
JUDGEMENT/ORDER uploaded on
26/11/2018.