Cri. BA No.969/2024
.. 1 ..

in C.R. No.177/2024
Presented on
: 15.04.2024
Registered on : 15.04.2024
Decided on
: 22.04.2024
Duration
: 8 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.969 OF 2024
IN
C.R. NO. 177 OF 2024
Nikhil Chimanlal Patel
Age : 29 years, Occ: Service,
R/at : Type 3/A, Buld. No. 17, Room No.
194. Ground Floor, R.C. F. Colony,
Mumbai – 4000074
)
)
)
)
) .. Applicant/Accused
V/s.
Sr. Inspector of Police
)
(Through Chembur station Mumbai, )
vide C.R. No. 177/2024).
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Yogesh Kolge, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 22/04/2024
ORAL ORDER
Cri. BA No.969/2024
.. 2 ..

in C.R. No.177/2024
This is an application taken out by applicant/accused Nikhil
Chimanlal Patel under section 439 of Code of Criminal Procedure for
enlarging him on bail in C.R. No.177/2024 registered at Chembur
police station, Mumbai for the offences punishable under section 8(c)
r/w section 20 of Narcotic Drug and Psychotropic Substances Act, 1985
(hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, reply of
the prosecution and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 08/04/2024, 240 gram Hydro Ganja is alleged to
be recovered from the possession of the applicant/accused and
therefore, offence punishable under section 8(c) r/w section 20 of
NDPS Act, 1985 is registered against the applicant/accused. The
quantity of contraband alleged to be recovered from the possession of
the applicant/accused is intermediate quantity. Therefore, rigours of
section 37 of the NDPS Act are not applicable. Applicant/accused is not
having any criminal antecedents. Applicant/accused is in custody since
08/04/2024. The applicant/accused is a young boy of 29 years old.
Nothing needs to be recovered from him now. Applicant/accused is
resident of Mumbai and he is ready to abide by all conditions which the
Cri. BA No.969/2024
.. 3 ..

in C.R. No.177/2024
court may impose. Therefore, Ld. Advocate for applicant/accused
prayed that application be allowed.
4.

On the other hand, Ld. APP argued that, 240 grams Hydro
Ganja is alleged to be recovered from the possession of the
applicant/accused. Investigation revealed that, applicant/accused was
possessing same for the purpose of sale. As such it is clear that,
applicant/accused is a drug peddler. Investigation is yet to be
completed. Release of the applicant/accused at this stage may hamper
the investigation. Therefore, Ld. APP submitted that, bail application be
rejected.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 20 (b) (ii)(A) of NDPS Act, 1985. The
punishment provided for the above offence may extend to 1 year or
with fine which may extend to Rs. Ten Thousand only. Admittedly, the
quantity of contraband alleged to be recovered from applicant/accused
is a non-commercial quantity and it is Small quantity. As such the rigour
of section 37 of NDPS Act is not applicable in present matter. No
criminal antecedents are attributed to the applicant. From the material
on record applicant/accused appears to be resident of Mumbai.
Moreover, it appears that, applicant/accused is in custody since
08/04/2024 and now nothing is to be recovered from
the
applicant/accused. As such from the material on record it appears that,
investigation in respect of the applicant/accused is almost completed.

Cri. BA No.969/2024
6.

.. 4 ..

in C.R. No.177/2024
Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large. Therefore, there appear justifiable grounds for releasing
the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

Criminal Bail Application No.969/2024 in C.R. No. 177/2024, is
allowed.

2.

Applicant/accused Nikhil Chimanlal Patel, be released on bail in
C.R. No.177/2024 under section 8(c) r/w section 20 of NDPS
Act, 1985 registered by Chembur Police Station, Mumbai on
Cri. BA No.969/2024
.. 5 ..

in C.R. No.177/2024
executing personal bond of Rs.50,000/- only (Rs. Fifty thousand
only) with one or more sureties in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Criminal
Bail
Application
No.969/2024
is
disposed
accordingly.
(Pronounced in open Court)
Date : 22/04/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Directly Typed on
:
22/04/2024
Checked on
:
22/04/2024
Signed on
:
22/04/2024
of
Cri. BA No.969/2024
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in C.R. No.177/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
25.04.2024
05:00 P. M.

Sejal S. Shivalkar
(Typist)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of Order.

22/04/2024
order signed by P.O on
22/04/2024
order uploaded on
25/04/2024