BA 925/2023
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MHCC020158022023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 925 OF 2023
IN
C. R. NO. 886/2023
Suraj Premchandra Gupta
R/o : Laxmi Nagar No.1,
Link Road, behind gas company,
Goregaon (W), Mumbai – 400 104.

… Applicant/accused
V/s.
State of Maharashtra
(Oshiwara Police Station)
… Respondent
Appearance :Mr. Mehmood Shaikh, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
29.11.2023
ORDER
This is an application filed by applicant –
Suraj
Premchandra Gupta for grant of bail under Section 439 of Code of
Criminal Procedure, 1860 in C. R. No.886/2023 registered at Oshiwara
Police Station for offence punishable under sections 8(c) r/w sec.21(b)
& 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For
short, “the NDPS Act”). Perused bail application and say filed by the
Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Mr. Mehmood Shaikh for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.

BA 925/2023
3.

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It is the case of prosecution that on 28.03.2023, informant
Amol Sutar, PC of Oshiwara Police Station was on patrolling duty. At
about 04.15 p.m. when informant reached to Shantivan Road, Near
Hanuman Mandir, Jogeshwari (W), Mumbai, he noticed two persons
standing in suspicious condition. One of them was carrying black
coloured plastic carry bag. By looking at the police team, they started
running away from the spot. API Anand Nagrale, asked them to stop.
They were apprehended. Then, two panchas were called to the spot.
They told their names as Suraj Premchandra Gupta (accused no.1) and
Mohd. Shahbaz Imamul Shaikh (accused no.2). After completing
necessary procedure, search was conducted, wherein accused no.1 Suresh Premchandra Gupta and accused no.2 Mohd. Shahbaz were
found in possession of 4 gms. MD and 3 gms. MD respectively kept in
plastic bags. Similarly, two mobile hand sets were seized from them.
Said contraband and articles came to be seized under panchanama and
both accused came to be arrested. During investigation, accused no.1 &
2 told names of accused Sabu, Divakar Siraj, Ajju and Vishal as
suppliers of the drug.
4.

The applicant is seeking bail on the grounds that the
accused is falsely implicated. 4 gms. MD is recovered from the
applicant, which is just more than small quantity and below commercial
quantity. Bar u/sec. 37 of the NDPS Act is not attracted. The applicant
is resident of Mumbai. He also relied upon several citations, in which
bail was granted to the accused possessing commercial quantity of
contraband. The applicant has no criminal antecedents. The applicant
belongs to the poor family and he is sole bread winner. The applicant is
ready and willing to abide by all conditions of bail if this Court releases
him on bail.

BA 925/2023
5.

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Ld. Adv. Mr. Mehmood Shaikh for the applicant/accused
submitted that applicant/accused is arrested on 28.09.2023. 4 gms. MD
is recovered from the applicant, which is just more than small quantity
and below commercial quantity. Bar u/sec. 37 of the NDPS Act is not
attracted. The applicant/accused does not have criminal antecedents
and he is local resident. Co-accused has been released on bail. Hence,
he prayed for releasing the applicant on bail on the ground of parity.
6.

Ld. APP Mr. Shankar Erande for the State submitted this is
case of patrolling duty. Accused no.1 and 2 caught on the spot with 4
gms. MD and 3 gms. MD respectively. All the mandatory procedures
were followed during arrest of both the accused. Source of contraband
is not known. Offence is serious. He prayed for rejection of the bail.
7.

Considering rival submissions and material on record, it
appears that recovery of contraband is made at the instance of present
applicant/accused is 4 gms. MD. Said contraband falls under
intermediate quantity of contrband. Bar u/sec. 37 of the NDPS Act is
not attracted. The applicant is resident of Mumbai and he does not have
criminal antecedents. Co-accused has been released on bail. Hence,
ground of parity is also available to the applicant. The applicant can be
released on bail by imposing stringent conditions. He can be directed to
attend the police station for further investigation in the matter. Hence, I
pass following order :ORDER
1. Bail Application No. 925/2023 is hereby allowed.
2. Applicant/accused Suraj Premchandra Gupta in C. R. No.886/2023 of
Oshiwara Police Station registered under section 8(c) r/w 21(b) & 29
of the Narcotic Drugs and Psychotropic Substances Act,1985 shall be
released on his executing P. R. Bond of Rs. 30,000/- (Rs. Thirty
Thousand only) with one or two sureties in the like amount.

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3. The applicant/accused to attend Oshiwara Police Station on every
Monday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile Nos. and correct addresses of their respective residences
along with names of two relatives with their mobile Nos. and addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.30,000/- for the next four weeks from the date of this order.
9. Bail application no. 925/2023 is disposed off accordingly.

Date : 29.11.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 29.11.2023
Transcribed on : 29.11.2023
Signed on
: 29.11.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
04.12.2023
TIME
NAME OF STENOGRAPHER
11.30 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
29.11.2023
29.11.2023
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Judgment/order uploaded on
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04.12.2023