NDPS BA No.1008/2023
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in NDPS RA No.1389/2023
MHCC020169862023
Presented on
: 08-11-2023
Registered on : 08-11-2023
Decided on
: 29-11-2023
Duration
: 21 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1008 OF 2023
IN
NDPS REMAND APPLICATION NO.1389 OF 2023
Ravi Vijay Thakur @ Sonu
Aged : 46 years, Occ:
R/at : Plot No. 68, Aadava Patta Road,
Gate No. 08, Gaikwad Nagar, Malvani,
Malad West, Mumbai-400 095.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of Dindoshi police )
station
Mumbai,
vide
C.R. )
No.737/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Akash Sharma, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 29/11/2023
NDPS BA No.1008/2023
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in NDPS RA No.1389/2023
ORAL ORDER
This is an application taken out by applicant/accused Ravi
Vijay Thakur @ Sonu under section 439 of Code of Criminal Procedure
for enlarging him on bail in C.R. No.737/2023 registered at Dindoshi
police station, Mumbai for the offences punishable under section 8(c)
r/w section 22(b) of Narcotic Drug and Psychotropic Substances Act,
1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, reply of
the prosecution and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 16/10/2023 on the basis of the prior information
applicant/accused was apprehended by the officials of the respondent
and 22 gram Mephedrone (MD) was recovered from his possession and
therefore, offence punishable under section 8(c) r/w section 22(b) of
NDPS Act, 1985 is registered against the applicant/accused. The
quantity of contraband alleged to be recovered from the possession of
the applicant/accused is intermediate quantity. Therefore, rigours of
section 37 of the NDPS Act are not applicable. Applicant/accused is not
having any criminal antecedents. Applicant/accused is in custody since
16/10/2023. Nothing needs to be recovered from him now. Mere fact
that, some accused are yet to be arrested is not a ground for rejection of
bail. There is violation of provision of section 42 and 50 of the NDPS
NDPS BA No.1008/2023
Act.

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in NDPS RA No.1389/2023
Applicant/accused is permanent resident of Mumbai and he is
ready to abide by all conditions which the court may impose. Therefore,
Ld. Advocate for applicant/accused prayed that application be allowed.
4.

On the other hand, Ld. APP argued that, 22 gram
Mephedrone (MD) was recovered from the possession of the
applicant/accused. It reveals that, applicant/accused is a drug peddler.
During investigation the applicant/accused disclosed that, he had
procured same from the wanted accused. The wanted accused are yet to
be arrested. Investigation is pending.

If the applicant/accused is
released on bail at this stage it may hamper the further investigation.
Therefore, Ld. APP submitted that, bail application be rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w 22(b) of NDPS Act, 1985.

The punishment
provided for the above offence may extend to 10 years and with fine
which may extend to Rs. One lakh only. Admittedly, the quantity of
contraband alleged to be recovered from applicant/accused is a noncommercial quantity and it is intermediate quantity. As such the rigour
of section 37 of NDPS Act is not applicable in present matter. Mere fact
that, some accused are yet to be arrested is not a ground for rejection of
bail. No criminal antecedents are attributed to the applicant. From the
material on record applicant/accused appears to be permanent resident
of Mumbai. Moreover, it appears that, applicant/accused is in custody
since 16/10/2023 and now nothing is to be recovered from the
applicant/accused. As such from the material on record it appears that,
investigation in respect of the applicant/accused is almost completed.
Considering the fact that, applicant/accused is not attributed any
NDPS BA No.1008/2023
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in NDPS RA No.1389/2023
criminal antecedents and status of the applicant/accused prime facie
there appear no possibility that applicant/accused may recommit such
offence if released on bail.
6.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large.

Therefore, there appear justifiable grounds for
releasing the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS Bail Application No.1008/2023 in C.R. No.737/2023 in
NDPS RA No.1389/2023, is allowed.

NDPS BA No.1008/2023
2.

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in NDPS RA No.1389/2023
Applicant/accused Ravi Vijay Thakur @ Sonu, be released on
bail in C.R. No.737/2023 under section 8(c) r/w section 22(b) of
NDPS Act, 1985 registered by Dindoshi police station on
executing personal bond of Rs.50,000/- only (Rs. Fifty thousand
only) with one surety in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.1008/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 29/11/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.11.30
13:13:29 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
29/11/2023
Transcribed on
:
29/11/2023
Checked on
:
29/11/2023
Signed on
:
29/11/2023
NDPS BA No.1008/2023
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in NDPS RA No.1389/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
30.11.2023
TIME
NAME OF STENOGRAPHER
01.00 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

29/11/2023
Judgment/order signed by P.O on 29/11/2023
Judgment/order uploaded on
30/11/2023