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BA 872/18
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
NDPS BAIL APPLICATION NO.872/2018
IN
N.D.P.S. R.A. No. 1163/2018
Haider Ali Ajmat Ali Shaikh
..Applicant/ accd.
V/s.
The State of Maharashtra,
(at the instance of Tilak Nagar
police Station, C.R. No.108/18)
…Respondents
Appearances:
Ld. Advocate Ms Munira for applicant/accused.
Ld. APP Mr. P.S Tawade for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 15.12.2018.
ORAL ORDER
1.
This is an application for grant of regular bail u/s. 439 of
Cr.P.C filed on behalf of the accused/ applicant. Say of IO and APP was
called and a common say in this application and in B.A 871/18 is filed
on record vide Exh.2. Seen and considered the say.
2.
It is submitted on behalf of the applicant that, he has been
arrested by Tilak Nagar police u/s.8(c) r/w. 20 of NDPS Act on
22.11.2018 for allegedly committing the offences. The accused was
produced before before Magistrate on 22.11.2018 and remanded to PC
till 28.11.2018. Since then he is in J.C.
3.
It is further submitted by Ld. Counsel for the applicant that,
as per prosecution case, Tilak Nagar police have recovered 5 kgs and
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BA 872/18
400 grams Ganja from the possession of the accused when he was
apprehended by Tilak Nagar police, Chembur, Mumbai. It was
submitted that, the quantity of seized contraband i.e.5 kgs 400 gms is
noncommercial quantity and therefore, stringent provisions of Sec.37
are not attracted. The accused is a permanent resident of the address
given in the application and he is not likely to abscond. He is ready to
abide by the conditions, if any imposed by the court if he is released on
bail. He has no criminal antecedents. Under above circumstances,
application deserves to be allowed.
4.
Ld. APP has opposed the application and relied on the say
and submitted that, the police have arrested the accused red handed
while possessing seized contraband 5 kgs and 400 gms in a raid
conducted by police. He submitted that, along with present accused
police have also arrested coaccused Mushraf Khan and 5 kgs 500 grams
Ganja has been recovered from his possession. Therefore, total quantity
of the contraband comes to 10 kgs and 900 grams Ganja, which is
substantial quantity though it is not commercial quantity. Investigation
in the case is in progress and C.A report is awaited. Approximate value
of total contraband comes to Rs.1,74,400/. Considering seriousness of
the offence involved and considering prima facie evidence against the
accused, bail application is liable to be rejected.
5.
I have gone through the grounds stated in the application
and say filed by the Ld. APP. Ld. Counsel for the applicant filed on
record photocopy of Adhar card for ID proof and residence proof of the
applicant/ accused. According to said document, the applicant is
resident of Balrampur, State of U.P. Considering the fact that, the
quantity of the seized contraband Ganja in the present case is not
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BA 872/18
commercial quantity, this Court has got discretion to grant bail to the
applicant, as stringent provisions of Sec.37 of the Act are not attracted.
Under these circumstances, I am of the opinion that, if bail is granted to
the applicant/ accused, subject to conditions it will serve the purpose of
the prosecution. Hence, following order:
ORDER
1.
Bail Application No.872 of 2018 is hereby allowed.
2.
Applicant/ accused Haider Ali Ajmat Ali Shaikh shall
be released on his executing P.R.Bond of Rs.50,000/
(Rs. Fifty Thousand Only) with one or two sureties,
one of which should be local surety, to the above
extent.
3.
The applicant/accused to attend Tilak Nagar police
station for the purpose of investigation once in a
fortnight on 1st and 3rd Saturday of the month
between 11.00 am to 2.00 pm till filing of the charge
sheet. If I.O is absent, then he should give attendance
to the PSO Incharge.
4.
The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
cooperate in the investigation.
5.
The applicant/ accused shall furnish his cell/ landline
number and also of his two nearest relatives or his
two friends each, preferably residing in Mumbai.
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6.
BA 872/18
The applicant/accused shall produce the proof of his
identity and proof of residence at Mumbai at the time
of executing the bail bond.
7.
The applicant/ accused shall not commit similar
offence while on bail.
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail
Appln.
No.872/2018
stands
disposed
of
accordingly.
Date: 15.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).
Dictated on: 15.12.2018
Transcribed on: 17.12.2018
HHJ signed on: 17.12.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 17.12.2018
TIME: 5.07 pm
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.)
Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
15.12.2018
Judgment/ order signed by P.O on
17.12.2018
Judgment/ order uploaded on
17.12.2018