IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.794 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1056 OF 2018
IN
N.D.P.S. L.A.C. NO.184 OF 2018
CNR NO. : MHCC020139952018
Farooq Mohd. Naim Chaudhary,
]
Aged about 44 years,
]
An Indian inhabitant,
]
Residing at Room No.38, BBlock, 3rd Floor,]
Municipal Building Baptist Road,
]
Nagpada, Mumbai – 400 008.
]
Accused in J.C.
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
Through Nagpada Police Station.
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 2nd November, 2018.
Mr. Lad, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused, who was arrested in Nagpada
police station L.A.C. No.184/2018, has filed this application under
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BA 794/18 in RA 1056/18
Section 439 of the Code of Criminal Procedure for release on bail on
the grounds mentioned in the application.
2.
The application is opposed by the Investigating Officer by
filing reply dated 02/11/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Mr. Lad for the applicant/accused and the learned A.P.P. Mr. B. G.
Rajput for the respondent/State and perused the police papers.
4.
As per the prosecution case, on 24/10/2018, while the
police officers of Nagpada police station were patrolling in Nagpada
area, they found the applicant/accused standing in suspicious condition
in front of Nawab Chawl, Jairajbhai Lane, Nagpada, Mumbai, therefore,
they apprehended the applicant/accused and after conducting his
personal search by following the procedure, they found 30 grams
contraband Mephedron (M.D.) in his possession. As per the prosecution
case, the value of said contraband is Rs.60,000/.
5.
The I.O. has contended in his reply that as per the
interrogation with the applicant/accused, the applicant/accused had
possessed the said contraband for the purpose of illegal sale. The I.O.
has
further
contended
that
from
the
enquiry
with
the
applicant/accused, the name of one lady Sakina staying at Mahim,
Mumbai, is revealed. The applicant/accused has informed that he had
purchased the said contraband from that lady, but, the said lady was
not found at the place informed by the accused. The I.O. has raised an
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BA 794/18 in RA 1056/18
apprehension that if the applicant/accused is released on bail, he may
give alert to that lady and help her to abscond. The I.O. has further
contended that the applicant/accused may tamper with the prosecution
evidence.
6.
The alleged muddemal contraband ‘Mephedron’ attached
from the possession of the applicant/accused is above small quantity,
but, below commercial quantity i.e. non commercial quantity and
therefore, there is no bar for granting bail under Section 37 of the
N.D.P.S. Act. The applicant/accused is a permanent resident of
Nagpada, Mumbai. If certain conditions are imposed against the
applicant/accused while granting bail to him, the purpose of securing
his presence with the I.O. for interrogation whenever necessary will be
served. Hence, I pass the following order :
ORDER
1.
Bail application No.794/2018 is allowed in the following
terms :
(i)
The applicant/accused Farooq Mohd. Naim Chaudhary be
released on bail on his executing P.R. bond of Rs.25,000/ and surety
of the like amount.
(ii)
The applicant/accused shall be at liberty to submit one or
more sureties to match the surety amount.
(iii)
Six weeks time is given to the applicant/accused to submit
the sureties. In the meantime, the applicant/accused be released on bail
on provisional cash security of Rs.25,000/.
(iv)
The applicant/accused shall report to the Nagpada police
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BA 794/18 in RA 1056/18
station on each Friday between 9.00 a.m. to 11.00 a.m. till filing of the
chargesheet.
(v)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
adjourned date.
(vi)
If the applicant/accused commits two consecutive defaults
of reporting, then, his bail bonds shall be cancelled.
(vii)
Before release on bail, the applicant/accused shall submit
his residential address proof as well as photograph on record.
(viii)
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 : 02/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
02/11/2018.
03/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
03/11/2018 at 4.30 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
5
BA 794/18 in RA 1056/18
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 02/11/2018.
JUDGMENT/ORDER signed by
P.O. on
03/11/2018.
JUDGEMENT/ORDER uploaded on
03/11/2018.