IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRIMINAL BAIL APPLICATION NO. 857 OF 2018
IN
N.D.P.S. R.A.NO.1034 OF 2018
CNR NO. : MHCC02 015063 2018
CHIE BASIL ANIAGBOSO
)
@ BASIL CHIFE ANIBOSO
)
Aged 28 years, Occupation. Nil
)
Nigerian National,
)
residing at Room No. 304, 3rd floor, )
Krishna Building, Mangal Nagar,
)
Hatkesh, Mira Road(East),
)
DistrictThane401107.
)…Applicant/Orig.Accd No.5.
V/s.
The State of Maharashtra
)
(at the instance of A.N.C. Azad
)
Maidan Unit Mumbai,
)
vide their C.R.No.47/2018
)
dated19.10.2018.
)… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 14th DECEMBER, 2018.
Mr.V.P. Shinde, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
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ORDER
The applicant/accused No.5 has filed this application
under section 439 of Cr.P.C. for release on bail on the grounds
mentioned in the application.
2.
The application is opposed by the Investigating
Officer
with contention that 4 grm. MDMA Narcotic substance has been seized
from the accused by conducting raid dated 20/10/2018, in the early
morning at about 3.00a.m., when the police officers were on petrolling
duty. It is contended that the accused is a foreign national i.e. he is a
Nigerian person. During interrogation, the accused has not produced
his passport and Visa and as such, he is moving in Mumbai illegally. If
bail is granted to him, he will abscond and will not turn to the Court
for facing trial against him. It is further contended that the accused is
habitual offender. On these grounds, the I.O. has requested to reject the
application.
3.
Heard the arguments submitted by the learned Advocate
MrV.P.Shinde for the applicant/accused and the learned A.P.P. Mr. B.
G. Rajput for the respondent/prosecution.
4.
It is not disputed that the 4grm. MDMA Narcotic substance
is above small quantity, but, below commercial quantity. Therefore,
there is no bar for grant of bail under Section 37 of the N.D.P.S. Act.
5.
The main contention of the Investigating Officer is that the
accused has not produced his passport and Visa. The Ld. Advocate for
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the accused has contended that the accused has personally given
information to him that his passport with Visa was attached by the
Police Officer. However, the Investigating Officer has contended that
in all the five accused persons did not possess passport and Visa at the
time of incident.
6.
The Ld. Advocate for the accused has contended that while
granting bail to the accused, the Court may impose condition that
unless the passport is produced on record by accused, he shall not be
released on bail. If by putting this condition bail is granted to the
accused, no prejudice would be caused to the prosecution. Further,
along with this bail application, the accused has not annexed his
address proof. Therefore, the condition has also to be put against the
accused to submit his address proof and photograph on record. Further,
considering the fact that the accused is Foreign National, to secure his
presence till final disposal of the case, it is necessary to impose
condition of reporting to the ANC Azad Maidan Unit, Mumbai. Hence,
I pass the following order :
ORDER
1.
Bail Application No.857/2018 is allowed in following
terms :
(i) The applicant/accused Chie Basil Aniagboso @ Basil
Chife Aniboso be released on bail on his executing P.R. bond of
Rs.50,000/ and surety of like amount.
(ii) The accused shall be at liberty to submit one or more
sureties for compliance of surety amount. Six weeks time period is
given to the accused for arranging surety. In the meantime, subject to
compliance of other conditions of bail, the accused be released on
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provisional cash security of Rs. 75,000/.
(iii) The accused shall submit on record his photograph as
well as passport with Visa before release on bail. After released on bail,
within one month the accused shall produce on record his residential
proof at Mumbai.
(iv)
Till the chargesheet is filed the accused shall report
to the officer Incharge of ANC Azad Maidan, Unit, Mumbai on each
Monday between 11.00a.m. to 2.00p.m.
(v)
After filing of the chargesheet the accused shall
report to the said officer on last Monday of each month between
11.00a.m. to 2.00p.m, till final disposal of the case against him.
(vi)
The
applicant/accused
shall
not
tamper
the
prosecution evidence and shall obey the usual terms and conditions of
the bail bonds.
(vii) Till further order the accused shall not leave India
without prior permission of this Court.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 14/12/2018.
Dictated on
Transcribed on
Signed on
:
:
:
14/12/2018
15/12/2018
17/12/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
17/12/2018 at 11.20 p.m.
NAME OF STENOGRAPHER
Mrs. Vidya V.Malgaonkar
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 14/12/2018.
JUDGMENT/ORDER signed by
P.O. on
17/12/2018.
JUDGEMENT/ORDER uploaded on
17/12/2018.
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