IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.790 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1033 OF 2018
IN
N.D.P.S. L.A.C. NO.186 OF 2018
CNR NO. : MHCC020139532018
Rajkumar Sitaram Kanojiya @ Rajukumar, ]
Aged about 25 years,
]
Residing at Rangshrda, Nargis Dutt Nagar, ]
Reclamation, Bandra (W).
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(at the instance of Bandra Police Station
]
in SPL L.A.C. No.186/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 2nd November, 2018.
Ms. Alka Sharma, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused, who was arrested in Bandra police
station L.A.C. No.186/2018, 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 790/18 in RA 1033/18
The application is opposed by the Investigating Officer by
filing reply dated 02/11/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Ms. Alka Sharma for the applicant/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/State and perused the police
papers.
3.
As per the prosecution case, allegedly on 20/10/2018, as
per the secret information received, raid was conducted against the
applicant/accused and contraband Mephedron (M.D.) weighing 20
grams was seized from his possession. As per the prosecution case, the
value of said contraband is Rs.50,000/.
4.
The I.O. has contended in his reply that as per the
interrogation with the applicant/accused, the applicant/accused had
possessed the said contraband for the purpose of illegal sale. The I.O.
has
further
contended
that
from
the
enquiry
with
the
applicant/accused, the name of one person Bunty is revealed and the
said accused is to be arrested. The I.O. has raised an apprehension that
if the applicant/accused is released on bail, he may abscond and he
may commit similar type of offence.
5.
Thus, the alleged contraband seized from the possession of
the applicant/accused is above small quantity, but, below commercial
quantity. Therefore, there is no bar of Section 37 of the N.D.P.S. Act for
3
BA 790/18 in RA 1033/18
grant of bail to the applicant/accused. The applicant/accused has
produced photocopy of Aadhar card as a proof of his residential
address. Any previous criminal cases against the applicant/accused are
not reported by the I.O. in his reply. If certain conditions are imposed
against the applicant/accused while granting bail to him, the purpose
of securing his presence with the I.O. for interrogation whenever
necessary will be served. Hence, I pass the following order :
ORDER
1.
Bail application No.790/2018 is allowed in the following
terms :
(i)
The applicant/accused Rajkumar Sitaram Kanojiya @
Rajukumar 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)
The applicant/accused shall report to the Bandra police
station on each Friday between 9.00 a.m. to 11.00 a.m. till filing of the
chargesheet. So also, after filing of the chargesheet till disposal of the
case, the applicant/accused shall report to the Bandra police station
once in a month i.e. on last Friday of each month between 9.00 a.m. to
11.00 a.m. without fail.
(v)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
4
BA 790/18 in RA 1033/18
adjourned date.
(vi)
If the applicant/accused commits two consecutive defaults
of reporting, then, his bail bonds shall be cancelled.
(vii)
Before release on bail, the applicant/accused shall submit
his residential address proof as well as photograph on record.
(viii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 02/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
02/11/2018.
03/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
03/11/2018 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 02/11/2018.
JUDGMENT/ORDER signed by
P.O. on
03/11/2018.
JUDGEMENT/ORDER uploaded on
03/11/2018.