IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.864 OF 2018
IN N.D.P.S. REMAND APPLICATION NO.1034 OF 2018
CNR NO. : MHCC020152482018
1. Jonson Ude Ime,
]
Aged 44 years, Occ.: Cloth Business,
]
R/at near Chicken Martket building,
]
4th Floor, Room No.40, Bonkode Village, ]
Koparkhairne, Navi Mumbai.
2. Egue Edam Felix ,
]
]
Aged 46 years, Occ.: Cloth Business,
]
R/at near Chicken Martket building,
]
4th Floor, Room No.40, Bonkode Village, ]
Koparkhairne, Navi Mumbai.
]
Accused presently in judicial custody. ]
… Applicants/
Accused Nos.1 & 2
V/s.
The State of Maharashtra
]
(at the instance of ANC Azad Maidan
]
Unit, Mumbai, in C.R./L.A.C.No.47/18).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 19th December, 2018.
Mr. V. P. Shinde, Ld. Adv. for the applicants/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicants/accused Nos.1 and 2 have filed this
2
BA 864/18 in RA 1034/18
application under Section 439 of the Code of Criminal Procedure for
release on bail on the grounds mentioned in the bail application.
2.
The application is opposed by the Investigating Officer
with contention that narcotic substance Cocaine of quantity 10 grams
and 15 grams respectively has been seized from the possession of the
applicants/accused by conducting raid dated 20/10/2018, in the early
morning, at about 3.00 a.m., when the police officers were on
patrolling duty. It is contended that the applicants/accused are foreign
nationals i.e. they are Nigerian national. During interrogation, the
applicants/accused have not produced their Passports and Visa and as
such, they are moving in Mumbai illegally. If bail is granted to the
applicants/accused, they will abscond and will not turn to the Court for
facing
trial
against
them.
It
is
further
contended
that
the
applicants/accused are habitual offenders. On these grounds, the
Investigating Officer has requested to reject the application.
3.
Heard the arguments submitted by the learned Advocate
Mr. V. P. Shinde for the applicants/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/prosecution.
4.
It is not disputed that narcotic substance Cocaine seized
from the possession of the applicants/accused is above small quantity,
but, below commercial quantity. Therefore, there is no bar for grant of
bail under Section 37 of the Narcotic Drugs and Psychotropic
Substances Act.
5.
The main contention of the Investigating Officer is that the
applicants/accused have not produced their Passports and Visa. The
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BA 864/18 in RA 1034/18
learned Advocate for the applicants/accused has contended that the
applicants/accused have personally given information to him that their
Passports with Visa were attached by the Police Officer. However, the
Investigating Officer has contended that in all the five accused persons
did not possess passport and Visa at the time of incident.
6.
The learned Advocate for the applicants/accused has
contended that while granting bail to the applicants/accused, the Court
may impose condition that unless the Passports are produced on record
by the applicants/accused, they shall not be released on bail. If by
putting this condition, bail is granted to the applicants/accused, no
prejudice would be caused to the prosecution. Further, along with this
bail application, the applicants/accused have not annexed their address
proof. Therefore, the condition has also to be put against the
applicants/accused to submit their address proof and photographs on
record. Further, considering the fact that the applicants/accused are
Foreign Nationals, to secure their presence till final disposal of the case,
it is necessary to impose condition of reporting to the Anti Narcotic
Cell, Azad Maidan Unit, Mumbai. Hence, I pass the following order :
ORDER
1.
Bail Application No.864/2018 is allowed in the following
terms :
(i)
The applicants/accused Nos.1 and 2 namely Jonson Ude
Ime and Egue Edam Felix be released on bail on their executing P.R.
bond of Rs.50,000/ each and surety of like amount.
(ii)
The applicants/accused shall be at liberty to submit one or
more sureties for compliance of the surety amount.
(iii)
Six weeks time period is given to the applicants/accused
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BA 864/18 in RA 1034/18
for arranging surety. In the meantime, subject to compliance of other
conditions of bail, the applicants/accused be released on provisional
cash security of Rs.75,000/ each.
(iv)
The applicants/accused shall submit on record their
photographs as well as their Passports with Visa before release on bail.
(v)
After
release
on
bail,
within
one
month,
the
applicants/accused shall produce on record their residential address
proof at Mumbai.
(vi)
Till the chargesheet is filed, the applicants/accused shall
report to the officer Incharge of Anti Narcotic Cell, Azad Maidan Unit,
Mumbai, on each Monday between 11.00 a.m. to 2.00 p.m.
(vii)
After filing of the chargesheet, the applicants/accused
shall report to the said officer on last Monday of each month between
11.00 a.m. to 2.00 p.m. till final disposal of the case against them.
(viii)
The
applicants/accused
shall
not
tamper
with
the
prosecution evidence and they shall obey the usual terms and
conditions of the bail bonds.
(ix)
Till further order, the applicants/accused shall not leave
India without prior permission of this Court.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 19/12/2018.
Dictated on
Transcribed on
:
:
19/12/2018.
21/12/2018.
Signed on
:
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BA 864/18 in RA 1034/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
21/12/2018 at 3.00 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 19/12/2018.
JUDGMENT/ORDER signed by
P.O. on
21/12/2018.
JUDGEMENT/ORDER uploaded on
21/12/2018.