NDPS RA 858/2018
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BA 620/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 620 OF 2018
IN
NDPS REMAND APPLICATION NO. 858 OF 2018
Abdul Farukh Hanif Choradwala
Age 33 years, Occ.: Labour,
R/O Jumma Masjid Trust Building,
2nd Floor, Room No.10, Bana Dargah Road,
Dongri, Mumbai – 400 009.
… Applicant
/ Accused
Vs.
The State of Maharashtra
(at the instance of Dongri Police Station,
vide CR. No. / LAC No. 247/2018 dtd.
03/09/2018 u/S. 8(c ), 20 (b) of NDPS Act.
… Respondent.
Appearance:
Ld. Advocate Mr. V. P. Shinde for the applicant/ accused.
APP Mr. Panjwani for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 17th September, 2018.
ORAL ORDER
This is an application for bail filed by applicant/accused
Abdul Farukh Hanif Choradwala on account of his arrest by the officers
of Dongri police station, Mumbai for commission of offence punishable
u/s. 8(c) r/w 20 of NDPS Act, 1985.
2.
The
prosecution
case
in
nutshell
reveals
that
on
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03/09/2018 the team of Dongri police was on patrolling duty and at the
given spot accused was found loitering in a suspicious circumstance and
therefore, immediately two panch witnesses were called and in his
personal search 140 gms of Charas was found.
Thereafter, the
applicant/accused was placed under arrest for violation of provision of
NDPS Act,1985 as above.
After cessation of his police custody,
presently he is in judicial custody.
3.
The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. It is specifically contended that the
quantity of charas allegedly seized from the possession of the present
applicant comes under the category of noncommercial quantity and
therefore, the bar of Section 37 of the NDPS Act does not get attracted.
He is ready to abide by the conditions imposed by this Court, while
releasing him on the bail. It is further contended that he has permanent
place of resident and therefore he will not abscond. Similarly, he does
not have criminal antecedent . On these grounds it is prayed that
applicant/ accused be enlarged on bail.
4.
The respondent/State contested the petition by filing reply
dtd. 10/09/2018. It is mainly contended that the contraband which
was meant for sale has been seized from the possession of the accused
by strictly following the provision of NDPS Act. It is further stated that
it is premature stage to consider the bail application as the investigation
is in progress and not yet completed. He may abscond if, released on
bail. So, also his brother & father are addicted to charas and therefore,
investigation is being carried out to know the supplier of the charas to
the family. On these grounds it is prayed that the application be
rejected.
NDPS RA 858/2018
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BA 620/2018
Heard Ld. Advocate Mr. V. P. Shinde for applicant and the
Ld. APP Mr. Panjwani for the State, at length.
6.
It is submitted by the Ld. Defence Counsel that the quantity
of charas allegedly seized at the instance of applicant/accused is the
noncommercial quantity, as per the details reflected in the reply and
therefore, primarily the bar as contemplated u/s.37 of the NDPS Act,
does not attract.
It is further contended the applicant is having
permanent place of residence, as reflected in the remand application as
well as the copy of ration card produced on record and therefore, he
will not abscond, if released on bail. As such he requested to release
the applicant on bail.
Per contra the Ld APP Mr. Panjwani objected granting of
the application on the grounds reflected in the reply.
7.
I have carefully gone through submissions of both the sides
and record. It can be gathered from the material placed on record that
the applicant is allegedly found having in his possession 140 gms. Of
Charas, which is undoubtedly noncommercial quantity. Naturally the
bar under section 37 of the NDPS Act does not get attracted.
8.
It is equally a matter of record that since his arrest on
03/09/2018 he is in the custody and by this time the investigation in
the matter might have been almost competed, except the collection of
the CA Report from competent authority. So, also the majority of
witnesses are police officers. Thereby, there is no likelihood of
tampering with the evidence or otherwise. Now nothing is to be
recovered or discovered on pointing out of the applicant. The
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conclusion of the trial in the present case would take sufficient long
time and it is not desirable to keep the applicant behind the bars till
then. Under these circumstances his further detention in the judicial
custody appears to be
unwarranted. Applicant has fixed place of
residence as reflected in the remand application as well as the copy of
ration card placed on record and as such there is minimal chance of his
abscondance. There is neither allegation nor evidence regarding
criminal antecedent to the discredit of the applicant .
In view of
forgoing discussion, I conclude that application deserves to be allowed
and the interest of prosecution can be secured by imposing following
stringent conditions :
ORDER
1.
Bail
Application
No.
620/2018
in
NDPS
Remand
Application No. 858/2018 is hereby allowed.
2.
The applicant/accused Abdul Farukh Hanif Choradwala, in
CR. No. / LAC No. 247/2018 registered with Dongri police station,
Mumbai, be released on bail on his executing P.R. Bond of
Rs.75,000/ (Rs. Seventy Five Thousand only), with one or two
sureties in the like amount.
3.
The applicant/accused shall not directly or indirectly
dissuade any of the prosecution witnesses from deposing in the
Court or tamper with the prosecution evidence in any way.
4.
Bail Application stands disposed off accordingly.
17.09.2018.
Typed on
: 17.09.2018.
Checked on : 17.09.2018
Signed on
: 17.09.2018
(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
17.09.2018 at 05:30 p.m.
Mrs. Supriya. N. Kamble
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 17.09.2018
JUDGMENT/ORDER
P.O. on
by 17.09.2018
signed
JUDGMENT/ORDER uploaded on
17.09.2018