IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.778 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1032 OF 2018
IN
N.D.P.S. L.A.C. NO.48 OF 2018
CNR NO. : MHCC02-013716-2018
Mohammed Abdul Rashid Noor Jamal Shaikh,
]
An adult, Indian inhabitant,
]
Aged about 20 years, Occ.: Tailor,
]
R/o.: Room No.26, Galli No.16,
]
Azad Nagar, near Salman Mitaiwala Bakery,
]
Dharavi, Mumbai.
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(At the instance of Dongri P. Stn.
]
in C.R.No.48/18).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 2nd November, 2018.
Ms. Munira Palanpurwala, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused, who was arrested in Dongri police
station L.A.C. No.48/2018, has filed this application under Section 439
2
BA 778/18 in RA 1032/18
of the Code of 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 dated 02/11/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Ms. Munira Palanpurwala for the applicant/accused and the learned
A.P.P. Mr. B. G. Rajput for the respondent/State and perused the police
papers.
4.
As per the prosecution case, on 17/10/2018, while the
police officers of Dongri police station were patrolling, they found the
applicant/accused standing in suspicious condition near Sitaram
Shenoy Garden, Navroji Hill Road No.5, Dongri, Mumbai, therefore,
they apprehended the applicant/accused and after conducting his
personal search by following the procedure, they found 14 grams
contraband Cocaine in his possession. As per the prosecution case, the
value of said contraband is Rs.28,000/.
5.
The I.O. has contended in his reply that if the
applicant/accused is released on bail, he may commit similar type of
offence and there is possibility that he may abscond.
6.
The alleged muddemal contraband ‘Cocaine’ attached from
the possession of the applicant/accused is above small quantity, but,
below commercial quantity i.e. non commercial quantity and therefore,
3
BA 778/18 in RA 1032/18
there is no bar for granting bail under Section 37 of the N.D.P.S. Act.
The applicant/accused is a permanent resident of Dharavi, Mumbai. If
certain conditions are imposed against the applicant/accused while
granting bail to him, the purpose of securing his presence with the I.O.
for interrogation whenever necessary will be served. Hence, I pass the
following order :
ORDER
1.
Bail application No.778/2018 is allowed in the following
terms :
(i)
The applicant/accused Mohammed Abdul Rashid Noor
Jamal Shaikh be released on bail on his executing P.R. bond of
Rs.25,000/ and surety of the like amount.
(ii)
The applicant/accused shall be at liberty to submit one or
more sureties to match the surety amount.
(iii)
Six weeks time is given to the applicant/accused to submit
the sureties. In the meantime, the applicant/accused be released on bail
on provisional cash security of Rs.25,000/.
(iv)
The applicant/accused shall report to the Dongri police
station on each Friday between 9.00 a.m. to 11.00 a.m. till filing of the
chargesheet.
(v)
The applicant/accused shall maintain his diary for
reporting his presence and shall produce before this Court on each
adjourned date.
(vi)
If the applicant/accused commits two consecutive defaults
of reporting, then, his bail bonds shall be cancelled.
(vii)
Before release on bail, the applicant/accused shall submit
4
BA 778/18 in RA 1032/18
his residential address proof as well as photograph on record.
(viii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 02/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
02/11/2018.
03/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
03/11/2018 at 4.30 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 02/11/2018.
JUDGMENT/ORDER signed by
P.O. on
03/11/2018.
JUDGEMENT/ORDER uploaded on
03/11/2018.