1
BA 851/18 (RA 1140/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.851/2018
IN
N.D.P.S. R.A. No. 1140/2018
Meerali Mehboob Ali Sayyed
@ Raju Plaster
..Applicant/Accused
V/s.
The State of Maharashtra,
(at the instance of Malvani
police station, C.R 387/18)
…Respondents
Appearances:­
Ld. Advocate Mr. V.P. Shinde for applicant/accused.
Ld. APP Mr. P.S Tawade for Respondent/State.
Coram :H.H.J The Special Judge (NDPS)
Shri. V.V. Vidwans (CR No.42).
Date : 01.12.2018.
ORAL ORDER
1.

This is an application filed on behalf of the accused for
grant of regular bail u/s. 439 of Cr.P.C. Perused the application and also
documents filed on record. Say of the I.O and Ld. APP for the State was
called and it is submitted on record vide Exh.2. Seen and considered the
say.
2.

I have heard oral submissions of Ld. Adv. Mr. Shinde for
the accused and Ld. APP Mr. Tawade for the State.
3.

It is submitted on behalf of the accused that, as per
prosecution case, on 20.11.2018, Malvani police had arrested the
accused in a trap laid on the basis of information received by API Nair
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BA 851/18 (RA 1140/18)
at Drainage Gate no.6, near KGN Group Chabi, Malvani, Malad(W),
Mumbai. Police had allegedly recovered 650 grams of charas from his
possession. From the date of his arrest, the accused is in J/C. It was
submitted that, the quantity of seized contraband Charas i.e. 650 grams
is non­commercial quantity and therefore, stringent provisions of Sec.37
of NDPS Act are not applicable. The accused is permanent resident of
the address given in the application. Ld Counsel for the accused has
placed reliance on the photocopy of Adhar Card filed on record vide
Exh.3, mentioning his permanent residential address and photocopy of
Ration Card. Ld. Counsel for the accused also placed reliance on the
authorities of Hon’ble Bombay High Court in support of his submission
on different aspect of the matter, they are as follows:
4.

1.

Smt. Najma Abdul Shaikh V/s. The State of
Maharashtra (Cri. Bail Application No.1311 of
2012)decided on 23rd October, 2012.

2.

Vinod Kalyanji Bhogat V/s. Inspector of Customs
and another (Cri. Application No. 4410 of 2002)
decided on 23.1.2003.

3.

Raosaheb Patole V/s. The State of Maharashtra
(Cri. Bail Application No. 373 of 2011) decided
on 23.3.2011.

4.

Noor Mohammed Shaikh V/s. The NCB and Anr.
(Cri. Bail Application No. 1951 of 2011) decided
on 17.1.2012.

5.

Janu @ Billa Malappa Pawar V/s. State of
Maharashtra (2006 ALL MR(Cri) 2577).
I have gone through the above authorities and taken into
consideration ratio of the same.
5.

Ld. APP has strongly opposed the application and has
placed reliance on the say and submitted that, the accused was found in
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BA 851/18 (RA 1140/18)
possession of 650 grams of charas. There is prima facie evidence against
the accused. Mandatory provisions of Sec.50 of NDPS Act have been
followed. Investigation is in progress. It was submitted that the accused
is habitual offender and C.R. No. 68/90 u/s. 324 of IPC; C.R.
No.121/93 u/s.452,354,506(2), 34 of IPC;
C.R. No.140/09 u/s.

385,323,504,506,34 of IPC and C.R. No.295/14 u/s. 8(c),22 of NDPS
Act and Chapter Case No.23/93
u/s. 110 of Cr.P.C and preventive
action u/s. 151(3) of Cr.P.C on 9.9.2010 are pending against him. If the
accused is granted bail, he is likely to repeat commission of similar
offences in future. Therefore, application is liable to be rejected.
6.

I have gone through the grounds stated in the application
and taken into consideration oral submissions made by Ld. Counsels for
both sides. I have also gone through various authorities cited and relied
upon by Ld. Counsel for the accused and find that, the Hon’ble High
Court has held that, mere pendency of the criminal proceedings against
accused cannot be considered as sufficient ground to treat him as a
habitual offender unless offences are proved against him after trial of
the case. In similar circumstances, bail has been granted to the accused,
subject to conditions.
7.

In view of above ratio in the said authorities and the fact
that, the seized quantity of contraband i.e. 650 grams of charas which
are non­commercial quantity, stringent provisions of Sec.37 of NDPS
Act are not applicable. Therefore, the purpose of the prosecution will be
served, if accused is granted bail subject to conditions. Hence, I proceed
to pass following order:
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BA 851/18 (RA 1140/18)
ORDER
1.

Bail Application No.851 of 2018 is hereby allowed.

2.

Applicant/ accused Meerali Mehboob Ali Sayyed @
Raju Plaster shall be released on his executing
P.R.Bond of Rs.1,00,000/­ (Rs. One Lakh Only) with
one or two local sureties to the above extent.

3.

The applicant/accused to attend the I.O at Malvani
police station for the purpose of investigation once in
a fortnight on 1st and third Saturday of the month
between 11.00 am to 2.00 pm till filing of the charge­
sheet. If I.O is absent, then he should give attendance
to the PSO Incharge.

4.

The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
co­operate in the investigation.

5.

The applicant/accused shall furnish his cell/ landline
number and also of his two nearest relatives or his
two friends each, preferably residing in Mumbai.

6.

The applicant/accused shall produce the proof of his
identity and proof of residence at Mumbai at the time
of executing the bail bond.

7.

The applicant/ accused shall not commit similar
offence while on bail.

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BA 851/18 (RA 1140/18)
In case of breach of any of the above conditions by
the applicant/accused, it would entail cancellation of
bail.
Bail Appln.No.851/18 stands disposed of accordingly.

(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

Date:­ 01.12.2018
Dictated on: 1.12.2018
Transcribed on: 1.12.2018
HHJ signed on: 1.12.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 4.12.18
TIME: 12.05 pm
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.

Name of the judge (with Court Room No.)

Shri V.V. Vidwans, Spl. Judge & Addl. Sessions Judge
(C.R. 42)
Date of pronouncement of Judgment/ Order
1.12.18
Judgment/ order signed by P.O on
1.12.18
Judgment/ order uploaded on
4.12.18