IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.789 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1058 OF 2018
IN
N.D.P.S. C.R. NO.49 OF 2018
CNR NO. : MHCC020139482018
Uchenna Nwoye,
]
Age : 32 years,
]
Having permanent address at Nigeria.
]
(He is in Judicial Custody).
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
Through Anti Narcotic Cell,
]
Azad Maidan Unit.
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 15th November, 2018.
Mr. S. R. Patil, 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 A.N.C. Azad
Maidan Unit C.R. No.49/2018, has filed this application under Section
439 of the Code of Criminal Procedure for release on bail on various
grounds mentioned in the application.
2
2.
BA 789/18 in RA 1058/18
The application is opposed by the Investigating Officer by
filing reply dated 13/11/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Mr. S. R. Patil for the applicant/accused and the learned A.P.P. Mr. B.
G. Rajput for the respondent/prosecution.
4.
secret
As per the prosecution case, that on 25/10/2018, as per
information,
the
raid
was
conducted
against
the
applicant/accused on the road below Eastern Freeway Flyover, Mumbai
Port Trust Road, Mumbai, and 50 grams Cocaine valued about
Rs.2,50,000/ was seized from the possession of the applicant/accused.
5.
The learned Advocate for the applicant/accused has
contended that the alleged psychotropic substance attached from the
possession of the applicant/accused is above small quantity, but, below
commercial quantity, therefore, there is no bar under Section 37 of the
Narcotic Drugs and Psychotropic Substances Act for granting bail to the
applicant/accused.
6.
The learned A.P.P. for the respondent/prosecution has
contended that the applicant/accused is a foreign national i.e. he is a
Nigerian
citizen
and
therefore,
if
bail
is
granted
to
the
applicant/accused, he may abscond or he may return to this country
and he will not turn to the Court to face the trial.
7.
The remand papers indicate that the I.O. has already
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BA 789/18 in RA 1058/18
attached the Passport as well as the Visa of the applicant/accused.
Therefore, unless the Passport and the Visa is returned back to the
applicant/accused, there is no possibility of his going back to his
country. If the directions are issued to the I.O. not to return the
Passport and the Visa of the applicant/accused without permission of
this Court, the purpose will be served. Further other conditions to
secure presence of the applicant/accused can also be imposed. As the
alleged psychotropic substance Cocaine attached from the possession of
the
applicant/accused
is
noncommercial
quantity,
the
applicant/accused is entitled for release on bail. It is not contention of
the I.O. that any other criminal case of similar nature is pending
against the applicant/accused. Hence, I pass the following order :
ORDER
1.
Bail application No.789/2018 is allowed in the following
terms :
(i)
The applicant/accused Uchenna Nwoye be released on bail
on his executing P.R. bond of Rs.1,00,000/ 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)
Before release on bail, the applicant/accused shall submit
his residential address at Mumbai with documentary proof.
(iv)
The applicant/accused shall also submit on record his
photograph and identity proof.
(v)
The applicant/accused shall report to the Anti Narcotic
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BA 789/18 in RA 1058/18
Cell, Azad Maidan Unit, Mumbai, on each Monday between 9.00 a.m.
to 11.00 a.m. till final disposal of the case.
(vi)
Till further order, the applicant/accused shall not leave
jurisdiction of this Court without permission of this Court.
(vii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
2.
The Investigating Officer shall not return the Passport and
Visa of the applicant/accused without permission of this Court.
3.
Copy of this order shall be supplied to the Investigating
Officer for compliance of the order.
4.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 15/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
15/11/2018.
16/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
19/11/2018 at 5.30 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
5
BA 789/18 in RA 1058/18
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 15/11/2018.
JUDGMENT/ORDER signed by
P.O. on
19/11/2018.
JUDGEMENT/ORDER uploaded on
19/11/2018.