IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.830 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1016 OF 2018
IN
N.D.P.S. C.R. NO.46 OF 2018
CNR NO. : MHCC020144932018
Irfan Yasin Shaikh,
]
Age : 36 years,
]
Address as per Remand Application :
]
R/o.: 123, Ammu Suleman Building,
]
1st Floor, Room No.19, Udriya Street,
]
Suleman Chowki, Nagpada, Mumbai – 08. ]
Present Address : Flat No.2(A),
]
‘C’ Building, 1st Floor, Mayfair Grace
]
CoOp. Hsg. Society, 2158,
]
New Modikhana, Camp, Pune – 411 001.
]
(Presently in Judicial Custody)
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(A.N.C. Unit, vide C.R.No.46/18
]
dated 15/10/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 19th November, 2018.
Mr. Gorakh Liman, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
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BA 830/18 in RA 1016/18
ORDER
1.
The applicant/accused has filed this bail application under
Section 439 of the Code of Criminal Procedure for release on bail. The
previous bail application filed by this applicant/accused bearing
No.787/2018 was rejected by order dated 13/11/2018 as the address
given by the applicant/accused in the bail application as well as to the
Investigating Officer was wrong and the Court was not sure that the
applicant/accused can attend the Court to face the trial. At the same
time, liberty was given to the applicant/accused to file fresh bail
application with documentary proof of permanent residential address.
Therefore,
the
present
application
for
bail
is
filed
by
the
applicant/accused.
2.
The application is opposed by the learned A.P.P. for the
respondent/State with contention that along with the application, only
photocopy of the leave and licence agreement of the real brother of the
applicant/accused
along
with
affidavits
of
the
wife
of
the
applicant/accused and real brother of the applicant/accused are
produced. It is contended that after the previous bail application was
rejected, the leave and licence agreement is prepared and therefore, it
is doubtful whether really the said leave and licence agreement was
executed by the real brother of the applicant/accused and the premises,
mentioned in the said agreement and in the application, is occupied by
the family members of the applicant/accused along with his brother
and other family members. On these grounds, the learned A.P.P. has
requested to reject the application.
3
3.
for
BA 830/18 in RA 1016/18
Heard the arguments submitted by the learned Advocate
the
applicant/accused
and
the
learned
A.P.P.
for
the
respondent/State. Perused the documents annexed to the bail
application and also perused the police papers.
4.
As per the prosecution case, by conducting the raid against
the applicant/accused on 15/10/2018, the controlled substance
Ephedrine weighing about 2 kilograms was seized from the
applicant/accused. As such, there is no bar under Section 37 of the
Narcotic Drugs and Psychotropic Substances Act to release the
applicant/accused on bail.
5.
The address mentioned by the applicant/accused in this
bail application is totally different from the address mentioned in the
previous bail application as well as two different addresses provided to
the Investigating Officer by the applicant/accused during interrogation.
In the application, the address Flat No.2(A), ‘C’ Building, 1 st Floor,
Mayfair Grace CoOp. Hsg. Society, 2158, New Modikhana, Camp,
Pune – 411 001, is described. The wife of the applicant/accused namely
Nilofer Ashfaque Shaikh and the real brother of the applicant/accused
namely Emran Yasin Shaikh have filed affidavits and contended that
the applicant/accused and they with other family members reside
jointly on the address mentioned in the bail application. It is contended
that the leave and licence agreement of the previous premises came to
end on 31/10/2018 and thereafter, new premises on leave and licence
has been obtained from the owner of the said flat Mr. Imtiaz Abdul
Rashid Tamboli and Mrs. Noorjahan Rashid Tamboli in the name of the
brother of the applicant/accused i.e. Emran Yasin Shaikh. The copy of
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BA 830/18 in RA 1016/18
leave and licence agreement is annexed to this bail application which
indicates that the said alleged leave and licence agreement was
executed before the Notary, Pune, on 14/11/2018. The previous bail
application was rejected on 13/11/2018. It means on the very next day
of rejection of the previous bail application, this agreement of leave and
licence is executed. As appears from the contents of this agreement, the
said leave and licence agreement was executed for the period of 11
months commencing from 01/11/2018 to 30/09/2019. The wife and
brother of the applicant/accused have filed affidavits on oath and
contended that from 01/11/2018, they are residing in the said
premises. Therefore, by accepting affidavits filed by the said witnesses,
the applicant/accused is entitled to be released on bail on certain
conditions. Hence, I pass the following order :
ORDER
1.
Bail application No.830/2018 is allowed in the following
terms :
(i)
The applicant/accused Irfan Yasin Shaikh be released on
bail on his executing P.R. bond of Rs.30,000/ and surety of the like
amount.
(ii)
The applicant/accused is entitled to submit one or more
sureties for compliance of the surety amount.
(iii)
Six weeks time is given to the applicant/accused to make
available the sureties. In the meantime, the applicant/accused be
released on bail on submitting provisional cash security of Rs.30,000/.
(iv)
The photocopy of Leave and Licence agreement annexed
by the applicant/accused to this bail application be sent to the In
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BA 830/18 in RA 1016/18
charge police officer of the Camp Police Station, Pune, for verification
of the address of the applicant/accused.
(v)
On 01/10/2019, the applicant/accused shall submit on
record fresh address memo on record.
(vi)
The applicant/accused shall report to the A.N.C. Ghatkopar
Unit on each alternate Sunday between 11.00 a.m. to 2.00 p.m. till
final disposal of the case against him.
(vii)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
adjourned date.
(viii)
Before release on bail, the applicant/accused shall submit
his photograph on record.
(ix)
The
applicant/accused
shall
not
tamper
with
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 19/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
19/11/2018.
22/11/2018.
the
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BA 830/18 in RA 1016/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
26/11/2018 at 5.45 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 19/11/2018.
JUDGMENT/ORDER signed by
P.O. on
26/11/2018.
JUDGEMENT/ORDER uploaded on
26/11/2018.