IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.733 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.987 OF 2018
IN
N.D.P.S. C.R. NO.288 OF 2018
CNR NO. : MHCC020130512018
Smt. Jayamma Manikkam Devendra,
]
Age : 70 years, Occ.: –,
]
R/o.: Salamati Hill, 3rd Floor, SRA CHS,
]
Sardar Nagar, 4,M.A. Road, Sion Koliwada, ]
Antop Hill, Mumbai37.
]
(Presently in Judicial Custody)
]
… Applicant/
Accused No.2
V/s.
The State of Maharashtra
]
(Antop Hill Police Station, vide
]
C.R.No.288/18 dated 06/10/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 16th October, 2018.
Mr. Ayaz Khan, Ld. Adv. for the applicant/accused.
Ms. Meera Choudhari, Ld. A.P.P. for the respondent/State.
ORDER
1.
This application is filed by the applicant/accused No.2
Smt. Jayamma Manikkam Devendra under Section 439 of the Code of
2
BA 733/18 in RA 987/18
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. The I.O. has contended that the applicant/accused is a
habitual offender. The contraband Heroin weighing 6 grams was seized
from the applicant/accused. From whom, the applicant/accused got the
said Heroin is not disclosed. The house of the applicant/accused is
demolished and new construction is going on that place. Therefore,
there is doubt about residential address of the applicant/accused and if
she is released on bail, she may abscond. On all these grounds, the I.O.
has requested to reject the application.
3.
for
Heard the arguments submitted by the learned Advocate
the
applicant/accused
and
the
learned
A.P.P.
for
the
respondent/State.
4.
As per the prosecution case, by conducting raid on
06/10/2018, contraband – Heroin weighing 6 grams was seized from
the possession of the applicant/accused. Thus, the alleged contraband
Heroin seized from the possession of the applicant/accused is above
small quantity and below commercial quantity. Therefore, there is no
bar of Section 37 of the N.D.P.S. Act to grant bail to the
applicant/accused. Further the applicant/accused is 70 years old lady
and she has permanent residence on the address mentioned in the
application. Her address is already verified by the I.O. Therefore,
considering non commercial quantity of contraband allegedly seized
from the possession of the applicant/accused, there is no reason to
3
BA 733/18 in RA 987/18
keep the applicant/accused behind the bar for further period.
Therefore, the applicant/accused is entitled for release on bail. Hence, I
pass the following order :
ORDER
1.
Bail application No.733/2018 is allowed in the following
terms :
(i)
The applicant/accused No.2 Smt. Jayamma Manikkam
Devendra be released on bail on her executing P.R. bond of Rs.15,000/
and surety of the like amount.
(ii)
Till
arrangement
of
the
surety
is
made,
the
applicant/accused shall be entitled to give provisional cash security of
Rs.15,000/ for six weeks.
(iii)
Before release on bail, the applicant/accused shall submit
her address proof and her photograph on record.
(iv)
The
applicant/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 : 16/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
16/10/2018.
20/10/2018.
the
4
BA 733/18 in RA 987/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
22/10/2018 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 16/10/2018.
JUDGMENT/ORDER signed by
P.O. on
22/10/2018.
JUDGEMENT/ORDER uploaded on
22/10/2018.