BA 815/2023
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MHCC020139552023
Presented on
Registered on
Decided on
Duration
: 15.09.2023
: 15.09.2023
: 04.10.2023
: 19 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 815 OF 2023
IN
R. A. No. 1110 OF 2023
IN
C. R. NO. 1059/2023
Abhishek Kishan Shing
Age : 39 years.
R/o : R. No. 201, D wing,
Madhav view building,
Sai Nagar, Mira Road (E),
Thane.

… Applicant/accused
V/s.
State of Maharashtra
(Malvani Police Station
C.R. No.1059/2023)
… Respondent
Appearance :Mr. Kiran Gogavale, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
04.10.2023
ORDER
This is an application filed by applicant – Abhishek Kishan
Shing for grant of bail under Section 439 of Code of Criminal
Procedure, 1860 in C. R. No. 1059/23 registered at Malvani Police
BA 815/2023
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Station for offence punishable under sections 8(c) r/w sec. 22(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (For short, “the
NDPS Act”). Perused bail application and say filed by the Investigating
Officer through learned A.P.P.
2.

Heard learned Counsel Mr. Kiran Gogavale for the applicant
and learned A.P.P. Mr. Erande for the respondent/State.
3.

It is the case of prosecution that on 16.08.2023 at about
08.00 p.m. informant Udhaav Bhutekar, Asst. Police Inspector joined his
duty at bit Chowki no.4 as Bit officer during night hours.

During
patrolling duty near bit Chowki no.4, at about 02.25 hours, he saw
team of officers of the respondent passing through Bufhera junction to
Jankalyan Nagar. At that moment, Asst. PI Salunkhe called him and
told him that they had seen one person with long hair wearing white Tshirt in a suspicious manner sitting in an auto rickshaw and went
towards Atharva Road to Malad and officers are chasing him. Hence,
Asst. PI
Salunkhe requested the informant to accompany them.

Officers succeeded in apprehending the accused near adjacent lane,
opposite Bit Chowki, Jankalyan Nagar, Malad (W), Mumbai at about
02.30 hours of 17.08.2023. Panchas were called.

After completing
necessary procedure, search of the applicant/accused was conducted
which resulted in recovery of 40 gms. of MD kept in black polythene
bag in his right side pant pocket. On enquiry, he stated that he sells said
contraband. Said contraband came to be seized under panchanama and
accused/applicant came to be arrested on 17.08.2023 after registration
of offence against him.
4.

The applicant is seeking bail on the grounds that the
applicant was falsely implicated in the present crime and he is innocent.

BA 815/2023
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The contraband allegedly recovered from the applicant is 40 gms. MD,
which falls under intermediate quantity. Sec. 37 of the NDPS Act is not
applicable to the present case. Hon’ble High Court and this Court has
granted bail in similar circumstances. The applicant is permanent
resident of Mumbai. The applicant is ready and willing to abide by all
conditions of bail, if this Court releases him on bail.
5.

Ld. Adv. Mr. Kiran Gogavale for the applicant/accused
submitted that the accused is arrested on 17.08.2023. Present case is a
patrolling case. 40 gms. MD has been seized from the applicant, which
falls under non-commercial quantity. Hence, bar u/sec. 37 of the NDPS
Act does not attract in the present case. The applicant has no criminal
antecedents and he is local resident of Mumbai. He prayed for releasing
the applicant on bail.
6.

Ld. APP Mr. Shankar Erande for the State submitted that
while patrolling duty, the officers apprehended the applicant/accused
and search was conducted after following necessary procedure. During
search, the applicant was found in possession of 40 gms. MD. He relied
upon the authority in the case of Narcotics Control Bureau V/s. Mohit
Aggarwal Cri. Appeal No.1001-1002 of 2022 arising out of Petition for
Special Leave to Appeal (Cri.) No.6128-29 of 2021 decided on
12/07/2022 and stated that bail may not be granted even in noncommercial quantity and prayed for rejection of the bail.
7.

Considering rival submissions and material on record, it
appears that the applicant was apprehended by the officers of
respondent while discharging patrolling duty. Total 40 gms. of
contraband MD has been recovered from the applicant/accused, which
falls under non-commercial quantity. Hence, bar u/sec. 37 of the NDPS
BA 815/2023
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does not attract. The applicant has no criminal antecedents. The
applicant is permanent resident of Mumbai. Considering all attending
circumstances, the applicant can be released on bail by imposing
stringent conditions. Hence, I pass the following order :
ORDER
1. Bail Application No. 815/2023 is hereby allowed.
2. Applicant/accused Abhishek Kishan Shing in C.R. No. 1059/2023 of
Malvani Police Station registered under section 8(c) r/w 22 (b) of the
Narcotic Drugs and Psychotropic Substance Act, 1985 shall be released
on his executing P. R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only)
with one or more sureties in the like amount.
3. The applicant/accused to attend Malvani Police Station on every
Tuesday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. 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.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. Accordingly, BA 815/2023 is disposed off.

Date : 04.10.2023
Dictated on
: 04.10.2023
Transcribed on : 05.10.2023
Signed on
: 07.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
BA 815/2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
07.10.2023
TIME
NAME OF STENOGRAPHER
1.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
04.10.2023
Judgment/order uploaded on
07.10.2023
07.10.2023