BA 1218.24
1
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 1218/2024
IN
C.R. NO. 526/2024
Aditya Vilas Havale @ Avale
Age : 21 yrs.,
R/o : RC Marg, Opp. Union Bank,
Shahi Annabhau Sathe Nagar,
Chembur, Mumbai – 400 074.
V/s.
State of Maharashtra
(Kurla Railway Police, Mumbai)
… Applicant/accused
… Respondent
Appearance :Ms. Smita Pawar, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
08.05.2024
ORDER
The applicant/accused Aditya Vilas Havale @ Avale, has
filed the instant application under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in connection with C. R. No.
526/2024 registered under Sections 8(c), r/w 27 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 with Kurla Railway Police,
Mumbai.
2.

In short, according to the applicant he has not committed
any crime and that he has been falsely implicated in this case due to
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suspicion u/sec. 8(c) r/w 27 (1) of the NDPS Act. There is noncompliance of sec. 42, 50 & 50(6) of the NDPS Act. The applicant is
employee of BMC having clean antecedents.Therefore, bail application
may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing reply at Exh.2. It is contended that on 03.05.2024 while
officers of respondent were on duty, applicant was found smoking
something. Upon inspection, he was found possessing Ganja in a sache
and in a cigar/cheroot. Hence, he was arrested by following procedure.
If the applicant is released on bail, he may repeat commission of crime,
pressurise the prosecution witnesses and tamper prosecution evidence.
Therefore, the bail application may be rejected.
4.

The learned counsel for the applicant submits that the
applicant has not committed any crime and that he has been falsely
implicated in this case only on the suspicion. Offence is punishable
upto one year imprisonment only. Applicant has clean antecedent and
well rooted in the Society. Therefore, he may be released on bail.
5.

On the other hand, learned APP submits that application
may be rejected.
6.

Considering the submissions from both sides that the
quantity of Ganja is not quantified and that the accusation u/sc. 27 of
NDPS Act, which is punishable maximum one year, I think it will be
proper to release the applicant on bail. Hence, I proceed to pass the
following order.

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ORDER
1. Bail Application No. 1218/2024 is hereby allowed.
2. The applicant/accused Aditya Vilas Havale @ Avale, arrested in C.R.
No. 526/2024, shall be released on bail upon executing a personal bond
of Rs. 30,000/- and one or two solvent sureties of the like amount, on
the following conditions:
a.The applicant/accused is directed to report Kurla Railway Police,
Mumbai on third Sunday of every month between 10.00 a.m. to 11.00
a.m., till filling of the final report without fail.
b. The applicant/accused and his sureties shall provide their respective
mobile Nos. and correct addresses of their respective residences
along with names of two relatives with their mobile Nos. and addresses.
c.The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
d.The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
e.The applicant/accused shall not commit similar offence while on
bail.
f. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.30,000/- for the next eight weeks from the date of this order.
3. Application is disposed off accordingly.
Date : 08.05.2024
Dictated on
Transcribed on
Checked on
Signed on
Digitally signed
by BHAGWAN
YASHWANTRAO
BHAGWAN
YASHWANTRAO PHAD
PHAD
Date:
2024.05.09
12:10:13 +0530
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 08.05.2024
: 08.05.2024
: 08.05.2024
: 08.05.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
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UPLOAD DATE
09.05.2024
TIME
NAME OF STENOGRAPHER
12.015 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
08.05.2024
Judgment/order uploaded on
09.05.2024
08.05.2024