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BA 951/18 (RA 1224/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.951 OF 2018
(CNR NO.MHCC02н016529н2018)
IN
N.D.P.S. R.A. 1224 OF 2018
Hitesh Bharat Jain
age : 24 years, R/o. Room no.1902,
‘A’ Wing, Gundecha Garden,
Bombay Gas Lane, Near Chinchpokli
Railway Station, Mumbai.
(at present in Judicial custody)
Е Applicant/Accused no.1.
V/s.
The State of Maharashtra,
(at the instance of Gaodevi
Police Station, C.R. No.50/2018)
Е Respondents
Appearances:н
Ld. Advocate Ms. Zehra Charania for applicant/accused.
Ld. APP Mr. Panjwani for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 26.12.2018.
ORAL ORDER
1.

This is an application for grant of bail filed on behalf of the
accused Hitesh Bharat Jain. Say of the IO and APP on behalf of the
State was called and it is submitted on record on 21/12/2018. Seen and
considered the same.
2.

I have heard oral submission of Advocate Ms. Zehra Charania on
behalf of the accused and APP Shri Punjawani on behalf of the State.

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3.

BA 951/18 (RA 1224/18)
It is submitted on behalf of the accused that as per the
prosecution case, the accused along with the accused no.2 were
arrested on 16/12/2018 by Gaodevi Police Station while possessing 100
gms. Charas and 7 gms. Ganja from the possession of the present
accused and 88 gms Charas was recovered from the accused no.2. It is
submitted that the quantity of seized contraband i.e. the said Charas
and Ganja is nonнcommercial quantity. In fact, 100 gms. recovered from
the possession of the present accused is small quantity. Therefore,
stringent provision of section 37 of the NDPS Act, 1985 are not
attracted. The offence is bailable. It is also submitted that recently the
accused has also suffered knee injury to his left leg and he is under the
medical treatment. Copy of medical papers are filed along with the
application vide Exh.A. It is submitted that in similar circumstances, the
Hon’ble High Court has granted bail to the accused. It is further
submitted that the accused is a permanent resident at the given address
and has no criminal antecedents. He is permanent resident of Mumbai
and not likely to abscond if released on bail. Hence, it is prayed that the
application deserves to be allowed in the interest of justice.
4.

Learned APP on behalf of the state has relied on the say and has
strongly opposed the application. He submitted that the accused is
involved in the illicit sale of Charas and Ganja which is prohibited under
NDPS Act. His address given in the application is not permanent
address. He is involved in the racket of transport and sale of contraband
and if released on bail, he is likely to commit similar offences in future
also. Absconding accusedнAmit @ Saurabh Bharat Kumar Jain is yet to
be arrested. Hence, bail application be rejected.
5.

I have gone through grounds stated in the bail application and
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BA 951/18 (RA 1224/18)
considered the say filed on behalf of the State. I have also taken into
consideration oral submissions made by the learned Counsel for both
the sides. Considering the facts and circumstances of the case, quantity
of seized contraband 100 gms. Charas and 7 gms. Ganja from the
possession of the accused it can be seen that it is not more than small
quantity. The offence cannot be considered as serious one as projected
by the learned APP. Total quantity of seized contraband from the
possession of the accused cannot be considered at the stage of grant of
bail, but, only individual quantity of contraband recovered from the
accused will have to be considered as per the settled legal position.
Hence, I am of the opinion that it is fit case for grant of bail by this
Court using its discretion subject to conditions, so that it will also serve
the purpose of the prosecution. Hence, following order :н
ORDER
1.

Bail Application No.951 of 2018 is hereby allowed.

2.

Applicant/accused Hitesh Bharat Jain shall be
released on his executing P.R.Bond of Rs.10,000/н (Rs.
Ten Thousand only) with one or more solvent sureties in
the equal sum subject to following conditions :н
(a)
The applicant/accused to attend the I.O at
Gaodevi Police Station for the purpose of
investigation once in a fortnight on 1 st and third
Saturday of the month between 11.00 am to 2.00
pm till filing of the chargeнsheet. If I.O is absent,
then she should give attendance to the PSO
Incharge.

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(b)
BA 951/18 (RA 1224/18)
The applicant/accused shall not tamper with
prosecution witnesses/evidence in any manner
and coнoperate in the investigation.

(c)
The applicant/accused shall furnish his cell/
landline number and also of his two nearest
relatives or her two friends, preferably residing in
Mumbai.

(d)
The applicant/accused shall produce the proof of
his identity and proof of residence at Mumbai at
the time of executing the bail bond.

(e)
The applicant/accused shall not commit similar
offence while on bail.

(f)
In case of breach of any of the above conditions
by
the
applicant/accused,
it
would
entail
cancellation of bail.
L.O.
Ld.

Advocate
applicant/accused
Ms.

orally
Zehra
prayed
for
Charania
releasing
for
the
applicant/accused on provisional cash bail for a period of
8 weeks, as it will take considerable time for the accused
to obtain surety and complete procedure of furnishing
bail as directed by this Court. Considering the above
submission and small quantity of contraband recovery
from the possession of the accused, the request is
granted as per following order :н
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(a)
BA 951/18 (RA 1224/18)
Accused/applicant Hitesh Bharat Jain shall be
released on provisional cash bail for the period of
8 weeks on his deposit of cash bail amount of
Rs.10,000/н in this Court.

(b)
The accused shall furnish surety and complete the
procedure within 8 weeks as directed by this
Court positively.

(c)
Rest of the conditions of the bail order shall
remain as it is.

(d)
Sessions department is directed to accept the
cash bail after treasury hours.

(e)
Bail Appln. No.951 of 2018 stands disposed of
accordingly.

Date:н 26.12.2018
Dictated on : 26.12.2018
Transcribed on: 26.12.2018
HHJ signed on: 26.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).
Inнcharge of C.R. no.43
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BA 951/18 (RA 1224/18)
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 28.12.2018
TIME: 02.00 pm
(MAHESH KESHAV SAKHARKAR)
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
26.12.18
Judgment/ order signed by P.O on
28.12.18
Judgment/ order uploaded on
28.12.18