IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.714 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.960 OF 2018
CNR NO. : MHCC020127392018
Shrikant Mahadev Loke @ R.K. @ Buwa,
]
Aged 63 years, Occ.: Nil,
]
R/o.: Room No.F1184, Marve Cross Road, ]
Mahakali Nagar,Charkop Naka, Malad (W),]
Mumbai – 400 095.
]
… Applicant/
accused
V/s.
The State of Maharashtra
]
(at the instance of Malwani Police Station ]
in C.R./L.A.C.No.330/2018)
]
… Respondent/
Complainant
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 9th October, 2018.
Mr. V. P. Shinde, Ld. Advocate for applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
Criminal
This application for bail under Section 439 of the Code of
Procedure
is
filed
by
the
applicant/accused.
The
applicant/accused has contended that he has been falsely involved by
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BA 714/18 in NDPS RA 960/18
police. He allegedly found possessing ‘Ganja’ weighing 5 kg 400 grams
is non commercial quantity. Therefore, bar to grant bail as per the
provisions of Section 37 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act) is not
applicable. The applicant/accused is a permanent resident of Malad
(West). He is a handicapped person. So also, he is old person more
than 60 years of age. He is suffering from Asthama. On these grounds,
the applicant/accused has requested to release him on bail.
2.
The application is opposed by the Investigating Officer by
filing reply. The I.O. has contended that as per secret information
received, raid was conducted by him and from the possession of the
applicant/accused,
5
kg
400
grams
Ganga
was
seized.
The
applicant/accused is a habitual offender. Three F.I.Rs. were earlier
registered against the applicant/accused in Malwani police station for
the offence under Section 8(c) r/w. 20 of the N.D.P.S. Act and as such,
the applicant/accused is not entitled for release on bail. If the bail is
granted, then he will involve in similar offence. On these grounds, the
I.O. has requested to reject the application.
3.
Heard the learned Advocate for the applicant/accused and
the learned A.P.P. for the respondent/State.
4.
Admittedly, the contraband – Ganja weighing 5 kg 400
grams is more than small quantity, but, less than commercial quantity,
as per the Schedule given in the N.D.P.S. Act. As such, there is no bar
to grant bail to the applicant/accused in appropriate cases.
5.
The learned A.P.P. has contended that in Malwani police
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BA 714/18 in NDPS RA 960/18
station, L.A.C. Nos.113/2012, 184/2015 and 245/2017 were registered
against the applicant/accused under Section 8(c) r/w. 20 and under
Section 8(c) r/w. 27 of the N.D.P.S. Act and criminal cases are filed in
the Court. However, the Court in which the said cases are pending are
not disclosed by the Investigating Officer.
6.
The learned Advocate for the applicant/accused has orally
submitted that all the said cases are personal consumption cases and
pending in the Court of learned Metropolitan Magistrate at Borivali and
no criminal case is pending in the N.D.P.S. Special Court.
7.
The learned Advocate for the applicant/accused has
further contended that the applicant/accused has become handicapped
due to fracture of leg sustained by him in April, 2018 and he can not
walk without support. When the applicant/accused was produced
before me for remand, I have observed that he was walking with
difficulty that too with support of crutches walker. The prosecution has
alleged that the applicant/accused was having 5 kg 400 grams Ganja in
one carry bag holding it in right hand. Since the arrest, the
applicant/accused was in custody of police and now, he is in judicial
custody. When the applicant/accused was produced before this Court
for remand, he walked with support of crutches. Therefore, prima facie,
it is difficult to believe that the applicant/accused was having carrying
bag in his right hand having weight more than 5 kg.
8.
Merely because three cases are pending against the
applicant/accused in the Court of Metropolitan Magistrate, it does not
mean that he is not entitled for release on bail. Yet, the chargesheet is
not filed against the applicant/accused and considering heavy
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BA 714/18 in NDPS RA 960/18
pendency of criminal cases, it will take many years to take the case for
hearing. Therefore, this is not a fit case to keep the applicant/accused
behind the bar for further period. If certain conditions are imposed
upon the applicant/accused while granting bail to secure his presence
before the Court, the purpose will be served. The xerox copy of Aadhar
card is annexed to this application which itself indicates that the
applicant/accused is permanent resident of Room No.F1184, Marve
Cross Road, Mahakali Nagar, Charkop Naka, Malad (W), Mumbai,
therefore, he is not likely to abscond. Hence, I pass the following
order :
ORDER
1.
Bail application No.714/2018 is allowed in the following
terms :
(i)
The applicant/accused Shrikant Mahadev Loke @ R.K. @
Buwa be released on bail on his executing P.R. bond of Rs.25,000/ and
one or more sureties of like amount.
(ii)
The applicant/accused shall report to Malwani police
station on each Sunday between 9.00 a.m. to 11.00 a.m. till filing of
the chargesheet.
(iii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
(iv)
Considering pendency of criminal cases against the
applicant/accused under the N.D.P.S. Act, he shall take care that he
shall not commit similar offence, otherwise his bail shall be cancelled.
(v) In case, the applicant/accused is unable to secure sureties, he is at
liberty to submit the cash security of Rs.25,000/ in lieu of the sureties.
5
2.
BA 714/18 in NDPS RA 960/18
Application stands disposed of accordingly.
( M. S. Mungale )
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 09/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
09/10/2018.
10/10/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
12/10/2018 at 12.30 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 09/10/2018.
JUDGMENT/ORDER signed by
P.O. on
12/10/2018.
JUDGEMENT/ORDER uploaded on
12/10/2018.