IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.784 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.986 OF 2018
IN
N.D.P.S. SPL. L.A.C. NO.29 OF 2018
CNR NO. : MHCC020138072018
Josef Chidibere Uvaza,
]
Aged 28 years, Occ.: Business,
]
R/o.: Bhaji Nivas Chawl, 1st Floor,
]
Room No.4, Kolawari Village,
]
Santacruz (East), Mumbai.
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(at the instance of Vakola Police Station
]
vide C.R./L.A.C. No.29 of 2018, 10.10.2018]
U/S.8(c) r/w. 21, 29 of the NDPS Act 1985.]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 5th December, 2018.
Mr. V. P. Shinde, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused has filed this application under
Section 439 of the Code of Criminal Procedure for release on bail on
the grounds mentioned in the application.
2
2.
BA 784/18 in RA 986/18
The application is opposed by the Investigating Officer by
filing reply with contention that by conducting raid, from the
possession of the applicant/accused contraband 60.34 grams Cocaine
was recovered. The said quantity is above small quantity and below
commercial quantity. The applicant/accused is a habitual offender. On
earlier occasion also, the raid was conducted against him and the case
is pending against him in the Court and therefore, if bail is granted to
the applicant/accused, he may abscond. It is further contended that the
applicant/accused is a foreign national and therefore, if bail is granted
to him, he may leave the country and will not face the trial. 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 applicant/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/prosecution.
4.
As per the prosecution case, by conducting raid on
10/10/2018 against the applicant/accused at Kolawari Village,
Santacruz (E), the alleged contraband Cocaine weighing about 60.34
grams having value of Rs.3,62,040/ was seized. The said seized
quantity is above small quantity and below commercial quantity.
5.
The learned A.P.P. for the respondent/prosecution has
contended
that
one
criminal
case
is
pending
against
the
applicant/accused and as it is evident that the applicant/accused has
again and again involved himself in similar offence under the Narcotic
Drugs and Psychotropic Substances Act.
6.
The learned Advocate for the applicant/accused has
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BA 784/18 in RA 986/18
contended that the earlier case was filed against the applicant/accused
in the year 2015 and at that time, his Passport and Visa were already
seized. Till this date, the said Passport and Visa are not returned to the
applicant/accused and therefore, there is no possibility of his
absconding. The learned Advocate for the applicant/accused has
produced the certified copy of panchanama in Anti Narcotic Cell, Worli
Unit, which was conducted on 07/01/2015. In the said panchanama
itself it is mentioned that the Passport of the applicant/accused was
attached at the spot of incident itself. Therefore, in view of the said
circumstances,
prima
facie
there
is
no
possibility
of
the
applicant/accused running away to his country. It further appears that
after the Passport was seized last time, the applicant/accused has not
got his Visa extended. The learned Advocate for the applicant/accused
has assured that after release on bail, the applicant/accused will apply
for extension of Visa period. Considering the fact that one previous
criminal case of similar offence under the N.D.P.S. Act is pending
against the applicant/accused, he is liable to submit the surety of
higher amount. Hence, I pass the following order :
ORDER
1.
Bail application No.784/2018 is allowed in the following
terms :
(i)
The applicant/accused Josef Chidibere Uvaza be released
on bail on his executing P.R. bond of Rs.1,50,000/ and surety of the
like amount.
(ii)
The applicant/accused is entitled to submit one or more
sureties to match the surety amount.
(iii)
Six weeks time is given to the applicant/accused to arrange
for the sureties. In the mean time, the applicant/accused be released on
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BA 784/18 in RA 986/18
provisional cash security of Rs.2,00,000/.
(iv)
Till further order of this Court, the Passport of the
applicant/accused shall not be returned to him.
(v)
Within two months after release from the jail by executing
the bail bonds, the applicant/accused shall submit on record his
residential address proof and his photograph on record.
(vi)
So also, within three months, he shall apply to the
competent authority for extension of Visa period and submit copy
thereof on record.
(vii)
The applicant/accused shall report to Vakola police station
on each Monday between 11.00 a.m. to 2.00 p.m. till final disposal of
the case against him.
(viii)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
adjourned date.
(ix)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence and henceforth, he shall not involve in any
offence under the Narcotic Drugs and Psychotropic Substances Act,
otherwise his bail bonds shall be cancelled.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 05/12/2018.
Dictated on
Transcribed on
:
:
05/12/2018.
06/12/2018.
Signed on
:
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BA 784/18 in RA 986/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
10/12/2018 at 3.30 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 05/12/2018.
JUDGMENT/ORDER signed by
P.O. on
10/12/2018.
JUDGEMENT/ORDER uploaded on
10/12/2018.