IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.874 OF 2018 IN N.D.P.S. REMAND APPLICATION NO.1164 OF 2018 IN
N.D.P.S. SPL. L.A.C. NO.85 OF 2018

CNR NO. : MHCC02­015389­2018

Adnan @ Addu Shoukat Ali Sayyed Sayyed,]
Age : 38 years, ]
R/o.: G­10, Jairaj Pandey Ram Mohan ]
Rohiya Chawl, ‘A’ Block, R. No.10, ]
Vinoba Bhave Nagar, Kurla (W), ]
Mumbai – 70. ] (Presently in Judicial Custody). ] … Applicant / Accused

V/s.

The State of Maharashtra ] (V. B. Nagar Police Station vide C.R.No.85/18 dated 28/09/2018). ]
… Respondent

CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 6th December, 2018.

Mr. Gorakh Liman, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.

ORDER

1.The applicant/accused No.2 has filed this application under Section 439 of the Code of Criminal Procedure for release on bail with contention that he has been falsely implicated by the police. No contraband was recovered from his possession. Only on the alleged information received from the accused No.1, he has been booked in this matter. On these grounds, the applicant/accused has requested for grant of bail.

2.The Investigating Officer has contested this application by filing reply dated 03/12/2018. The Investigating Officer has contended that the accused Nos.1 and 2 together used to sell the contraband
tablets namely NITRAVET­10 and ALKO­1 and as such, there is conspiracy between the accused Nos.1 and 2. On these grounds, the Investigating Officer has requested to dismiss the application.

3.Heard the arguments submitted by the learned Advocate Mr. Gorakh Liman for the applicant/accused and the learned A.P.P. Mr. B. G. Rajput for the respondent/prosecution.

4.The learned A.P.P. has orally reported that the charge­ sheet has been filed against the accused No.1 in this Court and except the alleged statement given by the accused No.1 against the accused No.2, there is no other direct or indirect evidence against the present applicant/accused showing that at any time, he possessed the contraband. Hence, I pass the following order :­

ORDER

1.Bail application No.874/2018 is allowed in the following terms :­

(i)The applicant/accused Adnan @ Addu Shoukat Ali Sayyed ­Sayyed be released on bail on his executing P.R. bond of Rs.15,000/­.

(ii) The applicant/accused shall not tamper with the prosecution evidence.

2. Application stands disposed off accordingly.

(M. S. Mungale) N.D.P.S. Special Judge, City Civil & Sessions Court, Gr. Mumbai. Date : 06/12/2018.
Dictated on Transcribed on Signed on : : : 06/12/2018. 06/12/2018. “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME 07/12/2018 at 5.30 p.m. NAME OF STENOGRAPHER Bahushruta Y. Jambhale Name of the Judge ( With Court H.H.J. Shri. M. S. Mungale Room No.) (Court Room No.44) Date of Pronouncement JUDGEMENT/ORDER
of 06/12/2018. JUDGMENT/ORDER signed by P.O. on 07/12/2018. JUDGEMENT/ORDER uploaded on 07/12/2018.