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BA 902/18
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.902/2018
IN
N.D.P.S. R.A. No. 1162/2018
Raj Bhagwansingh Thakur @ Fandry
..Applicant/Accused
V/s.
The State of Maharashtra,
(at the instance of ANC Worli Unit,
C.R. No. 60/18)
…Respondents
Appearances:­
Ld. Advocate Mr.V.P. Shinde for applicant/accused.
Ld. APP Mr. P.S Tawade for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 14.12.2018.
ORAL ORDER
1.

This is an application for grant of regular bail to the accused
u/s. 439 of Cr.P.C. Say of IO and APP was called and it is submitted on
record vide Exh.2. Seen and considered the say.
2.

I have heard oral submissions of Ld. Adv. Mr V.P. Shinde
for the accused and Ld. APP Mr Tawade for the State.
3.

It is submitted on behalf of the accused that, ANC Worli
Unit, Mumbai had arrested the accused on 24.11.2018 for allegedly
committing offfences punishable under NDPS Act. As per prosecution
case, API Marathe and PC Gaikwad, along with team, were on patrolling
duty near backside of ITC Hotel lane, Electric Pole No.HA-11/2, Dr.
Shirodkar Road, Parel, Mumbai-12. They found movements of accused
suspicious and that he was hiding plastic rexine bag in his right hand.

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BA 902/18
When he was apprehended by the police, 01 kg 880 grams Ganja was
recovered from his possession in presence of panch witnesses as per
panchanama.

Accordingly, offence has been registered against the
accused.
4.

Ld. Counsel for the accused submitted that, he has been
falsely implicated in this case. The quantity of seized contraband i.e. 01
kgs 880 grams of Ganja is non-commercial quantity, therefore stringent
provisions of Sec.37 of NDPS Act are not attracted. Investigation in the
case has been almost completed and custodial interrogation of the
accused is not required. He is permanent resident of Mumbai and
photocopy of his Adhar card is filed on record. He is ready to abide by
the conditions if any imposed by the Court. He is not likely to abscond
as he has deep roots in society.

Hence, application deserves to be
allowed.
5.

Ld. APP has opposed the application and relied on the say
and submitted that, the accused has been arrested by police red-handed
while on patrolling duty and 01 kg 880 gms of Ganja was recovered
from his possession. Though quantity of the seized contraband is noncommercial quantity, it is more than small quantity and if offences are
proved, he is likely to be punished for sentence not less than 10 yrs. and
fine. If the application is allowed and bail has been granted to the
accused, he is likely to abscond and will not be available for trial.
Investigation is still in progress and C.A report is awaited.

Hence
application be rejected.
6.

I have gone through the grounds stated in the application
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BA 902/18
and considered the say. I have also considered oral submissions made by
Ld. Counsels for both sides. It can be seen from the facts and
circumstances and prima facie material on record that, the accused is a
permanent resident of Tilak Nagar, Dombivali(E), Kalyan, Dist. Thane.
The quantity of the contraband seized from the possession of the accused
is 01 kg. and 880 grams Ganja, which is non-commercial quantity,
therefore stringent provisions of Sec.37 of the Act are not attracted and
this Court has got discretion to grant bail to the accused. Considering the
fact that, now the recovery has already been made and investigation is
almost over, custodial interrogation of the accused is not required. No
purpose will be served by keeping the accused behind bar till filing of
the charge-sheet. Hence, application deserves to be allowed. Hence, I
proceed to pass following order:
ORDER
1.

Bail Application No.902 of 2018 is hereby allowed.

2.

Applicant/ accused Raj Bhagwansingh Thakur @
Fandry shall be released on his executing P.R.Bond of
Rs.50,000/­ (Rs. Fifty Thousand Only) with one or
two sureties, one of which should be local surety, to
the above extent.

3.

The applicant/accused to attend the office of ANC
Worli Unit for the purpose of investigation once in a
fortnight on 1st and 3rd Saturday of the month
between 11.00 am to 2.00 pm till filing of the charge­
sheet. If I.O is absent, then he should give attendance
to the PSO Incharge.

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4.

BA 902/18
The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
co­operate in the investigation.

5.

The applicant/ accused shall furnish his cell/ landline
number and also of his two nearest relatives or his
two friends each, preferably residing in Mumbai.

6.

The applicant/accused shall produce the proof of his
identity and proof of residence at Mumbai at the time
of executing the bail bond.

7.

The applicant/ accused shall not commit similar
offence while on bail.
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail
Appln.

No.902/18
stands
disposed
of
accordingly.

Date:­ 14.12.2018
Dictated on: 14.12.2018
Transcribed on: 15.12.2018
HHJ signed on: 15.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

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BA 902/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 17.12.2018
TIME: 5.07 pm
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.

Name of the judge (with Court Room No.)

Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
14.12.2018
Judgment/ order signed by P.O on
15.12.2018
Judgment/ order uploaded on
17.12.2018