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BA 954/18 (RA 1236/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.954 OF 2018
(CNR NO.MHCC02­016559­2018)
IN
N.D.P.S. R.A. 1236 OF 2018
Harsh Manohar Jain @ Babu,
age : 22 years, R/o. 3Rd floor,
Goragandhi Building,
93/95, Kika Street,
Gulalawadi, Mumbai­400 004.
(at present in Judicial custody)
… Applicant/Accused no.3.

V/s.
The State of Maharashtra,
(at the instance of Gaodevi
Police Station, C.R. No.50/2018)
… Respondents
Appearances:­
Ld. Advocate Ms. Zehra Charania for applicant/accused no.3.
Ld. APP Mr. Panjwani for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 26.12.2018.
ORAL ORDER
1.

This is an application for grant of bail filed on behalf of the
accused Harsh Manohar Jain @ Babu. Say of the IO and APP on behalf
of the State was called and it is submitted on record on 21/12/2018.
Seen and considered the same.
2.

I have heard oral submission of Advocate Ms. Zehra Charania on
behalf of the accused and APP Shri Punjawani on behalf of the State.
3.

It is submitted on behalf of the accused that Gaodevi Police have
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arrested him during the investigation of the accused nos.1 and 2 in
R.A.1224 of 2018. It is submitted that during the raid conducted by the
Police, the accused nos.1 and 2 were arrested on 16/12/2018. During
their search, 100 gms. Charas and 7 gms. Ganja was recovered from the
possession of the accused no.1. Similarly, 88 gms. Charas was recovered
from the possession of the accused no.2 and they were arrested on the
spot.
4.

It is submitted that during the investigation of the above said
matter, it was revealed from the statement of the accused no.1 that the
present accused was also involved. Therefore, he was arrested on
17/12/2018 and during the search of his motor cycle bearing no.MH­
01­BE­3657, 10 gms Charas was recovered. It is submitted that recovery
of 10 gms. Charas from the search of the motor cycle of the present
accused is a non­commercial quantity.
5.

It is submitted on behalf of the accused that in fact, 10 gms.

Charas was recovered from the possession of the present accused is
small quantity. Therefore, stringent provision of section 37 of the NDPS
Act, 1985 are not attracted. The offence is bailable. It is submitted that
in similar circumstances, the Hon’ble High Court has granted bail to the
accused. It is further submitted that the accused is a permanent resident
at the given address and has no criminal antecedents. He is permanent
resident of Mumbai and not likely to abscond if released on bail. Hence,
it is prayed that the application deserves to be allowed in the interest of
justice.
6.

Learned APP on behalf of the state has relied on the say and has
strongly opposed the application. He submitted that the accused is
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involved in the illicit sale of Charas and Ganja which is prohibited under
NDPS Act. His address given in the application is not permanent
address. He is involved in the racket of transport and sale of contraband
and if released on bail, he is likely to commit similar offences in future
also. Absconding accused­Amit @ Saurabh Bharat Kumar Jain is yet to
be arrested. Hence, bail application be rejected.
7.

I have gone through grounds stated in the bail application and
considered the say filed on behalf of the State. I have also taken into
consideration oral submissions made by the learned Counsel for both
the sides. Considering the facts and circumstances of the case, quantity
of seized contraband 10 gms. Charas from the possession of the present
accused, it can be seen that it is not more than small quantity. The
offence cannot be considered as serious one as projected by the learned
APP. Total quantity of seized contraband from the possession of the
accused cannot be considered at the stage of grant of bail, but, only
individual quantity of contraband recovered from the accused will have
to be considered as per the settled legal position. Hence, I am of the
opinion that it is fit case for grant of bail by this Court using its
discretion subject to conditions, so that it will also serve the purpose of
the prosecution. Hence, following order :­
ORDER
1.

Bail Application No.954 of 2018 is hereby allowed.

2.

Applicant/accused Harsh Manohar Jain @ Babu
shall be released on his executing P.R.Bond of
Rs.10,000/­ (Rs. Ten Thousand only) with one or more
solvent sureties in the equal sum subject to following
conditions :­
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(a)
BA 954/18 (RA 1236/18)
The applicant/accused to attend the I.O at
Gaodevi Police Station for the purpose of
investigation once in a fortnight on 1 st and third
Saturday of the month between 11.00 am to 2.00
pm till filing of the charge­sheet. If I.O is absent,
then she should give attendance to the PSO
Incharge.

(b)
The applicant/accused shall not tamper with
prosecution witnesses/evidence in any manner
and co­operate in the investigation.

(c)
The applicant/accused shall furnish his cell/
landline number and also of his two nearest
relatives or her two friends, preferably residing in
Mumbai.

(d)
The applicant/accused shall produce the proof of
his identity and proof of residence at Mumbai at
the time of executing the bail bond.

(e)
The applicant/accused shall not commit similar
offence while on bail.

(f)
In case of breach of any of the above conditions
by
the
applicant/accused,
cancellation of bail.

it
would
entail
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L.O.
Ld.

Advocate
applicant/accused
Ms.

orally
Zehra
prayed
for
Charania
releasing
for
the
applicant/accused on provisional cash bail for a period of
8 weeks, as it will take considerable time for the accused
to obtain surety and complete procedure of furnishing
bail as directed by this Court. Considering the above
submission and small quantity of contraband recovery
from the possession of the accused, the request is
granted as per following order :­
(a)
Accused/applicant Harsh Manohar Jain @ Babu
shall be released on provisional cash bail for the
period of 8 weeks on his deposit of cash bail
amount of Rs.10,000/­ in this Court.

(b)
The accused shall furnish surety and complete the
procedure within 8 weeks as directed by this
Court positively.

(c)
Rest of the conditions of the bail order shall
remain as it is.

(d)
Sessions department is directed to accept the
cash bail after treasury hours.

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(e)
BA 954/18 (RA 1236/18)
Bail Appln. No.954 of 2018 stands disposed of
accordingly.

Date:­ 26.12.2018
Dictated on : 26.12.2018
Transcribed on: 26.12.2018
HHJ signed on: 26.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).
In­charge of C.R. no.43
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BA 954/18 (RA 1236/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 28.12.2018
TIME: 02.00 pm
(MAHESH KESHAV SAKHARKAR)
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
26.12.18
Judgment/ order signed by P.O on
28.12.18
Judgment/ order uploaded on
28.12.18
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BA 954/18 (RA 1236/18)