BA 814/2023
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MHCC020139562023
Presented on
Registered on
Decided on
Duration
: 15.09.2023
: 15.09.2023
: 16.10.2023
: 01 month 01 day
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 814 OF 2023
IN
C. R. No. 680/2023
Dilip Baldev Tandel
Age : 30 years
R/at : R. No. H/596,
Opp. Baptist Church,
Shivaji Nagar, Madh,
Malad (W), Mumbai – 400 061
V/s.
State of Maharashtra
(Santacruz Police Station)
… Applicant
… Respondent
Appearance :Mr. Kiran Gogavale, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
16.10.2023
ORDER
This is an application filed by applicant – Dilip Baldev
Tandel for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested by the officers of respondent on
24.08.2023 in C.R. No. 680/2023 registered at Santacruz Police
Station, Mumbai for offence punishable under sections 8(c) r/w sec.
22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985
BA 814/2023
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(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. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 24.08.2023 at about
16.15 hrs. informant and other police staff left for patrolling duty by a
private vehicle. At about 16.50 hours, when they started walking and
reached to Juhu Chaupati, Near Ramada Hotel, Retivar, Juhu Tara Road,
Santacruz (W), Mumbai, they saw one person in suspicious condition.
Said person was waiting for somebody by holding black colour
polythene bag in his hand. PI Thite got suspicioun against him and
therefore, they started walking towards him. By noticing them, said
person tried to run away. Hence, Police Havildar Chavan apprehended
him. PI Thite introduced himself and other staff to the accused and
made enquiry with him. Said person stated his name as Dilip Baldev
Tandel. Then, panchas were called. After completing necessary
procedure, his search was conducted, wherein he was found in
possession of 2055 gms. ganja kept in black colour polythene bag. Said
contraband was seized under panchanama and accused came to be
arrested after registration of the offence.
4.

The applicant is seeking bail on the grounds that he is
falsely implicated in the present crime and he is innocent. The
contraband allegedly recovered from the present applicant is 2055 gms.
Ganja, which falls under intermediate quantity. Hence, bar u/sec. 37 of
NDPS Act does not attract. The applicant is resident of Mumbai. The
applicant is ready to abide by all conditions imposed by this Court. He
undertakes to co-operate to investigating officer for investigation. He
BA 814/2023
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prayed for bail.
5.

Ld. Adv. Mr. Kiran Gogavale for the applicant submitted that
applicant is arrested on 24.08.2023 while discharging patrolling duty
and 2 kgs. 55 gms. Ganja has been recovered from the applicant. Said
quantity is intermediate quantity. Hence bar u/sec. 37 of the NDPS Act
does not attract. The applicant has no criminal antecedents. The
applicant is permanent resident of Mumbai. Hence he prayed for
granting bail to the applicant.
6.

Ld. APP Mr. Shankar Erande for the State submitted that
present case is patrolling case and the applicant was found in possession
of 2 kgs. 55 gms. Ganja. Sec. 50 of the NDPS has been followed.
Investigation is in progress. Offence is serious. Hence he prayed for
rejection of the bail application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered. Hence bar under section 37 of the
NDPS Act is not attracted. The applicant has no criminal antecedents.
The applicant is resident of Mumbai. Presence of the applicant can be
secured. Stringent conditions can be imposed while releasing the
applicant on bail in order to serve purpose of remaining investigation.
For all these reasons, the applicant is entitled to bail. Hence, I pass the
following order.
ORDER
1. Bail Application No. 814/2023 is hereby allowed.
2. Applicant/accused Dilip Baldev Tandel in C. R. No. 680/2023 of
Santacruz Police Station, Mumbai registered under section 8(c) r/w
sec. 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985
shall be released on his executing P. R. Bond of Rs. 40,000/- (Rs. Forty
Thousand only) with one or two sureties in the like amount.

BA 814/2023
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3. The applicant/accused to attend Santacruz Police Station on every
Monday 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. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.40,000/- for the next four weeks from the date of this order.
9. Accordingly BA 814/2023 is disposed off.

Date : 16.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
Dictated on
: 16.10.2023
Transcribed on : 16.10.2023
Signed on
: 16.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE & TIME
NAME OF STENOGRAPHER
17.10.2023 at 11.00 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
16.10.2023
16.10.2023
BA 814/2023
Judgment/order uploaded on
-517.10.2023