IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.719 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.973 OF 2018
IN
N.D.P.S. L.A.C. NO.242 OF 2018
CNR NO. : MHCC020128312018
1. Din Mohammad Mirasa Shaikh,
]
Age : 49 years, Occ.: Service,
]
R/o.: Daulatnagar Zopadpatti,
]
Galli No.4, Opp. Sanatan Hotel,
]
Borivali (East), Mumbai – 400 066.
]
2. Jarina Mohammad Shaikh,
Age : 40 years, Occ.: Housewife,
]
]
R/o.: 202, Swarg CoOp. Hsg. Socy. Ltd. ]
HWing, Pleasant Park, near Sanghvi
]
Tower, Mira Road (East),
]
Dist. Thane – 401 107.
]
… Applicants/
Org. Accused Nos.1 & 2
V/s.
The State of Maharashtra
]
(Sr. Inspector of Police, Dahisar Police
]
Station, vide their C.R.No.242/2018
]
dated 06.10.2018.)
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 11th October, 2018.
Mr. S. S. Bhandary, Ld. Adv. for applicants/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
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BA 719/18 in RA 973/18
ORDER
1.
The applicants/accused Nos.1 and 2 in Dahisar police
station L.A.C. No.242/2018 have filed this application under Section
439 of the Code of Criminal Procedure for release on bail on the
grounds mentioned in the application. Both the applicants/accused
persons were arrested on 06/10/2018 after conducting raid against
them. The F.I.R. has been registered against the applicants/accused
persons for the offence under Section 8(c) punishable under Section 21
of the N.D.P.S. Act.
2.
As per the report of the Investigating Officer, from the
possession of applicant/accused No.1, alleged psychotropic substance
Heroin weighing 3 gram and from the possession of applicant/accused
No.2, alleged psychotropic substance Heroin weighing 2.650 gram
were seized.
3.
The I.O. has contended that both the applicants/accused
persons are habitual in committing similar offences under the N.D.P.S.
Act. The applicants/accused Nos.1 and 2 are the husband and wife. In
Dahisar police station, one L.A.C No.142/2018 under Section 8(c)
punishable under Section 21 of the N.D.P.S. Act is already registered
against the applicant/accused No.2 and in that matter, the said accused
is on bail. It is contended that if the bail is granted to the
applicants/accused persons, they will involve themselves in the similar
offence. On all these grounds, the I.O. has requested to reject the
application.
4.
Heard the learned Advocate Mr. S. S. Bhandary for the
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BA 719/18 in RA 973/18
applicants/accused and the learned A.P.P. Mr. B. G. Rajput for the
respondent/State.
5.
The alleged Heroin – psychotropic substance seized from
the possession of the accused persons respectively is between small
quantity and commercial quantity, therefore, there is no bar of Section
37 of the N.D.P.S. Act for entertaining the bail application. The learned
Advocate
for
the
applicants/accused
has
contended
that
the
applicants/accused are permanent residents of Borivali (East), Mumbai.
Though, the applicants/accused Nos.1 and 2 are the husband and wife,
their respective addresses are differently described in the bail
application. However, any address proof is not produced by the
applicants/accused. Further as per the report of the I.O., in this year i.e.
in 2018 itself, one L.A.C. No.142/2018 is registered against the
applicant/accused No.2 in Dahisar police station for the similar offence
under Section 8(c) r/w. 21 of the N.D.P.S. Act. Therefore, while
granting bail in this matter, the condition of reporting to the police
station is required to be imposed on both the applicants/accused.
Hence, I pass the following order :
ORDER
1.
Bail application No.719/2018 is allowed in the following
terms :
(i)
The
applicant/accused
Nos.1
and
2
namely
Din
Mohammad Mirasa Shaikh and Jarina Mohammad Shaikh be released
on bail on their respectively executing P.R. bond of Rs.30,000/ and
surety of like amount.
(ii)
The applicants/accused shall be entitled to submit one or
more sureties for compliance of the surety amount.
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(iii)
BA 719/18 in RA 973/18
Before release on bail, the applicants/accused shall submit
their respective address proof and their respective photograph on
record.
(iv)
The applicants/accused shall report to Dahisar police
station on each Sunday between 9.00 a.m. to 11.00 a.m. till filing of
the chargesheet. So also, after filing of the chargesheet till disposal of
the case, the applicants/accused shall report to Dahisar police station
on last Sunday of each month between 9.00 a.m. to 11.00 a.m. without
fail.
(v)
If the applicants/accused made two consecutive defaults in
making report to Dahisar police station, their bail bonds shall be
cancelled.
(vi)
The applicants/accused shall maintain their diary for
reporting to Dahisar police station and obtain signature of the
concerned P.S.O. of the police station and submit the said diary before
the Court on each adjourned date for verification.
(vii)
The applicants/accused
shall not
tamper
with
prosecution evidence.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge
City Civil & Sessions Court,
Gr. Mumbai.
Date : 11/10/2018.
Dictated on
Transcribed on
:
:
11/10/2018.
16/10/2018.
Signed on
:
the
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BA 719/18 in RA 973/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
20/10/2018 at 3.00 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 11/10/2018.
JUDGMENT/ORDER signed by
P.O. on
20/10/2018.
JUDGEMENT/ORDER uploaded on
20/10/2018.