Cri. BA 1104.23
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MHCC020193762023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLN. NO. 1104 OF 2023
IN
C. R. No. 1250/2023
1. Mayashankar Rampher Giri
Age : 48 years, Occu.: Auto Driver
R/at : Room No.302,
Sohail Building, Tulinj Road,
Nalasopara, Dist.- Palghar.
2. Charan Ramswaroop Singh
Age : 47 years, Occu.: Auto Driver
R/at : Room No.208, R/7 Bldg.,
Ram Mandir Sumarigram,
Goregaon (West), Mumbai.

… Applicants
V/s.
The State of Maharashtra
(Oshiwara Police Station
C.R. No. 1250/2023)
… Respondent
Appearance :Mr. Amol Thombre, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
09.01.2024
Cri. BA 1104.23
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ORDER
This
is
an
application
filed
by
applicants/accused
Mayashankar Rampher Giri and Charan Ramswaroop Singh for grant of
regular bail under section 439 of the Criminal Procedure Code (Cr.P.C.),
in connection with crime No. 1250/2023 registered with Oshiwara
Police Station, Mumbai under sections 8(c) read with 21(b) & 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (abbreviated as
“the NDPS Act”).
2.

In short, according to the applicants, they have not
committed any crime and they have falsely implicated in this case.
Both applicants are auto drivers and drives in Mumbai Subarban area.
Police have not followed mandatory provisions of sec. 50 of the NDPS
Act. Nothing was recovered at the instance of the applicants or from
their possession. The applicants have no criminal record. They are sole
bread winners of the family. They are ready to furnish surety as directed
by this Court. Therefore, they may be released on bail.
3.

The bail application is objected by the Investigating Officer
by filing reply at Exh.2. It is contended that on 19.12.2023 at about
2.40 p.m. near Walavalkar Garden, Oshiwara, Andheri (W), Mumbai,
applicant no.1 Mayashankar Giri was found possessing 3 gms. MD and
applicant no.2 Charan Singh was also found possessing 3 gms. MD with
an intention to sale. They informed that said contraband was received
by them from Irshad, Saifu and Sunil Gupta. Therefore, as per
complaint of PC 080863, Soyanke, the crime has been registered. By
folloing procedure, seizure has been made.

If the applicants are
released on bail, they may repeat commission of crime, tamper
prosecution
evidence and prosecution witnesses.

Therefore, the
Cri. BA 1104.23
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application may be rejected.
4.

Ld. Counsel, Mr. Amol Thombre for the applicants submits
that the applicants have not committed any crime. The applicants have
clear antecedents. The police have violated the provisions of NDPS Act.
The applicants are well rooted in society having permanent place of
abode. They are ready to furnish surety as directed by this Court and
would abide by all the conditions imposed by this Court. Therefore, the
bail application may be allowed.
5.

On the other hand, the learned Additional Public
Prosecutor (APP), Mr. Shankar Erande submits that the applicants have
committed serious crime.

They are found possessing 6 gms. MD.

Therefore, if the applicants are released on bail, they may tamper and
pressurise witnesses and may not co-operate the police. Investigation is
going on. Therefore, bail application may be rejected.
6.

Considering the submissions from both sides, the alleged
quantity
of
contraband
MD
6
gms.

seized
from
both
the
applicants/accused is far less than commercial quantity and fact that the
applicants have clear antecedents and that they appear to be well
rooted into society, I am of the opinion that it is appropriate to release
the applicants on bail under stringent conditions. Hence, I proceed to
pass the following order.
ORDER
1. Bail Application No. 1104/2023 is hereby allowed.
2.

Applicants/accused
Mayashankar
Rampher
Giri
and
Charan
Ramswaroop Singh in C. R. No.1250/2023 of Oshiwara Police Station
registered under sections 8(c) r/w 21(b) & 29 of the Narcotic Drugs and
Cri. BA 1104.23
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Psychotropic Substances Act, 1985 shall be released on their executing
P. R. Bonds of Rs. 60,000/- (Rs. Sixty Thousand only) each with one or
more sureties in the like amount.
3. The applicants/accused to attend Oshiwara Police Station on every
Monday between 11.00 a.m. to 02.00 p.m and as directed by the
investigating officer till filing of final report. They shall assist the police
in investigation.
4. The applicants/accused and their sureties shall provide their
respective mobile Nos. and correct addresses of their respective
residences along with names of two relatives with their mobile Nos. and
addresses.
5. The applicants/accused shall produce the proof of their identity and
proof of residence at the time of executing the bail bonds.
6.

The
applicants/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicants/accused shall not commit similar offence while on
bail.
8. The application is thus disposed of as detailed above.

Date : 09.01.2024
Dictated on
: 09.01.2024
Transcribed on : 10.01.2024
Signed on
: 10.01.2024
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Cri. BA 1104.23
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
11.01.2024
TIME
NAME OF STENOGRAPHER
10.45 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
09.01.2024
10.01.2024
11.01.2024