IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.617 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.591 OF 2018
IN
NDPS SPECIAL CASE NO.168 OF 2018
CNR NO. : MHCC020111942018
Ravi Ramprasad Yadav,
]
Aged 24 years, Indian inhabitant,
]
R/o.: Sagar Kutir Seva Sangh,
]
near Gulab Chinese, beside Shiv Mandir,
]
Seven Bungalows, Versova,
]
Andheri (West), Mumbai.
]
… Applicant/
accused
V/s.
State of Maharashtra
]
F.I.R. No.78 of 2018
]
(Versova Police Station)
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 6th October, 2018.
Ms. Manisha Khemka, Ld. Advocate for applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The accused in Versova police station C.R.No.78/2018 has
2 BA 617/18 in NDPS Spl. Case 168/18
filed this application under Section 439 r/w. 167(2) of the Code of
Criminal Procedure for release on bail with contention that within
prescribed period of 60 days, the prosecution failed to file chargesheet
against him. After filing of this application, the chargesheet is filed by
the prosecution which is numbered as N.D.P.S. Special Case
No.168/2018.
2.
In the application, it is contended by the applicant/accused
that he was arrested on 07/06/2018 and produced before the learned
Metropolitan
Magistrate,
Andheri,
Mumbai,
for
remand
on
08/06/2018. In the F.I.R., it is alleged that he has committed an
offence punishable under Section 8(c) punishable under Section 20(b)
of the N.D.P.S. Act which is punishable upto 10 years imprisonment
and
fine.
Therefore,
according
to
the
applicant/accused,
the
prosecution was under duty to submit chargesheet within period of 60
days, but, even on the date of filing of the application on 07/09/2018,
after lapse of 91 days also, chargesheet was not filed. On these
grounds, the applicant/accused has claimed mandatory bail.
3.
The application is opposed by the Investigating Officer by
filing reply dated 05/10/2018. In the reply, it is not disputed that the
chargesheet was filed against the applicant/accused on 07/09/2018. It
is also not disputed that the applicant/accused was arrested on
07/06/2018 and produced before the learned Metropolitan Magistrate
on 08/06/2018. However, it is contended that the applicant/accused
resides in a hut and he has no permanent residential address and
therefore, he may not turn to the Court to face the criminal case against
him. It is further contended that earlier C.R.No.30/2015 for the similar
offence was registered against the applicant/accused in Versova police
3 BA 617/18 in NDPS Spl. Case 168/18
station and as such, he is a habitual offender and he is not entitled for
bail.
4.
Heard learned counsel for the applicant/accused and the
learned A.P.P.
5.
Admittedly, the offence under Section 8(c) r/w. 20(b) of
the N.D.P.S. Act is punishable with punishment which may extend upto
10 years imprisonment and fine. As per Section 167(2) of the Cr.P.C., if
the offence is punishable upto 10 years, the prosecution has to file
chargesheet within period of 60 days. In this matter, the chargesheet
was filed on 92nd day i.e. on the same day on which the
applicant/accused filed application for bail. I do not find any substance
in the submission of learned A.P.P. that once the chargesheet is filed,
the accused looses his right under Section 167(2) of the Cr.P.C. The
bail under Section 167(2) of the Cr.P.C. is mandatory bail and the
Court has no jurisdiction to refuse to grant bail to the accused only
because for any reason whatsoever the accused failed to exercise right
for applying for bail after lapse of 60 days of his custody. Therefore, as
of right, the applicant/accused is entitled for release on bail. Further
even on the merits of the case, the offence alleged against the
applicant/accused is maximum punishable with imprisonment which
may extend upto 10 years imprisonment. Therefore, there is no reason
to keep the applicant/accused behind the bar for further period.
Therefore, the applicant/accused is entitled for release on bail on
merits of the case also. Hence, I proceed to pass the following order :
ORDER
1.
Bail Application No.617/2018 is allowed in following
4 BA 617/18 in NDPS Spl. Case 168/18
terms :
(i) The applicant/accused Ravi Ramprasad Yadav be
released on bail on his executing P.R. bond of Rs.15,000/ and surety
of like amount. Before submitting the bail bond, the applicant/accused
shall produce his address proof and photograph which shall be affixed
on the chargesheet.
(ii)
If
the
applicant/accused
is
unable
to
make
arrangement for surety, he shall be at liberty to get release on cash
security of Rs.20,000/ subject to condition that he shall produce his
address proof and photograph on record.
(iii)
The
applicant/accused
shall
not
tamper
the
prosecution evidence and shall obey the usual terms and conditions of
the bail bonds.
2.
Application stands disposed of accordingly.
( M. S. Mungale )
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 06/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
06/10/2018.
06/10/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
08/10/2018 at 11.00 a.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
5 BA 617/18 in NDPS Spl. Case 168/18
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 06/10/2018.
JUDGMENT/ORDER signed by
P.O. on
08/10/2018.
JUDGEMENT/ORDER uploaded on
08/10/2018.