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BA 873/18
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.873/2018
IN
N.D.P.S. R.A. No. 1113/2018
Valentine John Udimadu
..Applicant/Accused
V/s.
The State of Maharashtra,
(at the instance of Dongri Police
station, C.R. No.57/18)
…Respondents
Appearances:­
Ld. Advocate Mr. Liman for applicant/accused.
Ld. APP Mr. P.S Tawade for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 10.12.2018
ORAL ORDER
1.

This is an application for grant of regular bail filed on
behalf of accused u/s. 439 of Cr.P.C. Say of IO and Ld. APP was called
and it is submitted on record vide Exh.2. Seen and considered the say.
2.

I have heard oral submissions of Ld. Adv. Mr Liman for the
accused and Ld. APP Mr. Tawade for the State.
3.

It is submitted on behalf of the accused/ applicant that, as
per prosecution case, on 6.11.2018 Dongri police had arrested the
accused while on patrolling duty due to suspicion and during the search
of the accused, 18 grams of cocaine was recovered from his possession.
Since the date of his arrest from 6.11.2018, the accused is behind bar.

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4.

BA 873/18
Ld. Counsel for the accused submitted that, the accused is a
Nigerian national and he has been falsely implicated in this case.
Quantity of contraband i.e. 18 grams cocaine allegedly seized from the
accused is non­commercial quantity, therefore stringent provisions of
Sec.37 of NDPS Act are not attracted. Hon’ble Bombay High Court has
granted bail to the accused in similar circumstances , hence application
deserves to be allowed. The accused is ready to abide by the conditions,
if any imposed by this Court including the condition to deposit passport
of the accused with the police authority in the Court. Ld. Advocate
specifically made a statement at bar that, as per ground stated in the
application vide ground (d), it is mentioned that, the passport of the
accused is in the custody of respondent Dongri police station, but that is
incorrect and factual aspect is to be corrected.
5.

Ld. APP has opposed the application and relied on the say.

He submitted that, the accused is a foreign national and is not having
permanent address in India. The alleged offences registered against the
accused u/s. 8(c) r/w. 21(b) of NDPS Act are of serious nature and if
bail is granted to the accused, he is likely to commit similar offences in
future.

The accused has not submitted his passport to the police
authority and incorrect statement made in the application. There are
various offences registered against the accused bearing no.221/18 in
which he is suspected to be involved in committing offences u/s. 307,
353, 332, 143 to 145, 147, 149 of IPC r/w. Sec.8(c), 21(a) and 22(c)of
NDPD Act.
6.

In reply submission, ld. Counsel for the accused relied upon
an authority of Hon’ble Bombay High Court reported in the case of
Ranga Mahesh Goud V/s. State and another (Cri. Application (Bail)
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BA 873/18
No. 3/2018) decided on 18.1.2018 and submitted that, in view of
ratio of the authority of the case, the accused may be granted bail. He
further submitted that, the allegation regarding abetment in some other
case cannot be taken into consideration at the stage of grant of bail,
when quantity of seized contraband is non­commercial quantity.
7.

I have gone through the grounds stated in the application
and considered the say. I have also gone through the authority of
Hon’ble Bombay High Court submitted and relied upon by Ld. Counsel
for the accused/ applicant. I find that, the quantity of the seized
contraband i.e. 18 grams cocaine is a non­commercial quantity. Accused
is a Nigerian national and Hon’ble High Court has granted bail to the
accused in similar circumstances. Hence, I am of the opinion that, if
application is granted subject to conditions, it will serve the purpose of
the prosecution. Hence, following order:­
ORDER
1.

Bail Application No.873 of 2018 is hereby allowed.

2.

Applicant/ accused Valentine John Udimadu shall be
released on his executing P.R.Bond of Rs.50,000/­
(Rs. Fifty Thousand only) with one or two solvent
sureties in the like amount.

3.

Within
one
week
applicant/accused shall
from
his
furnish
release,
an
the
undertaking
stating therein that he will not leave India without
prior permission of the Court.
4.

Within fifteen days from his release, the applicant/
accused shall produce the proof of his identity and
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BA 873/18
proof of residence at Mumbai at the time of
executing the bail bond.
5.

The applicant/accused to attend the I.O at Dongri
Police Station for the purpose of investigation once in
a fortnight on 1st and third Saturday of the month
between 11.00 am to 2.00 pm till filing of the charge­
sheet. If I.O is absent, then he should give attendance
to the PSO Incharge.

6.

The accused / applicant shall deposit his passport
with the I.O within one week from the date of his
release.

7.

The applicant/ accused shall not tamper with
prosecution witnesses/ evidence in any manner.
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail
Appln.

No.873/18
stands
disposed
of
accordingly.

Date:­ 10.12.2018
Dictated on: 10.12.2018
Transcribed on: 10.12.2018
HHJ signed on: 10.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

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BA 873/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 10.12.2018
TIME: 5.40 pm
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.

Name of the judge (with Court Room No.)

Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
10.12.2018
Judgment/ order signed by P.O on
10.12.2018
Judgment/ order uploaded on
10.12.2018