IN THE SPECIAL COURT FOR GREATER BOMBAY, BOMBAY
UNDER THE N.D.P.S. ACT.
BAIL APPLICATION NO.605 OF 2018
CNR NO.: MHCC020110032018
(In crime no.46/2018 of Sion Police Station for offence under section
8(c) punishable under sections 21(a) and 29 of the NDPS Act in R.A.
No.832/2018.)
1. Mohammed Ilyas Gurisaheb Jamadar
Aged: 24 years.
]
]
2. Jishan @ Afzal Akbar Jatti
Aged: 22 years.
]
]
APPLICANTS
(ACCUSED NO.1 & 2)
V/s.
The State of Maharashtra through the
SHO, Sion Police Station, Mumbai.
]
]
RESPONDENT
(PROSECUTION)
APPEARANCE:
Mr. R.G. Shatalwar, Advocate for the Applicants/Accused No.1 & 2.
Mr. P.S. Tawade, APP for the Respondent/State.
APPLICATION FOR BAIL UNDER SECTION 439 OF THE
CODE OF CRIMINAL PROCEDURE
CORAM :
SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE :
12th September, 2018.
ORDER
(Dictated and pronounced in open Court)
The above named applicants were arrested on 24.08.2018
for being in possession of 10 grams of brown sugar. Hence, police
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invoked section 8(c) punishable under section 21(a) and 29 of the
NDPS (i.e. Narcotic Drugs and Psychotropic Substances) Act. They are
in judicial custody. Hence, they are seeking bail.
2.
The prosecution filed reply and opposed the bail. I heard
the arguments of the learned advocate for the applicants and the
learned additional public prosecutor.
I have gone through the case
papers.
3.
Here is no dispute that the quantity of the brown sugar
involved in the present case against the applicants is not of commercial
quantity. Therefore, the stringent provision of section 37(1)(b) of the
NDPS Act is not attracted.
4.
The bail is opposed on the grounds that if the applicants
are released on bail, they may remain absent during the trial, they may
create hurdles in the investigation, there is possibility of involvement of
other accused in this case, the address of the applicants is to be verified
and the offences are serious.
5.
None of the offences are punishable with life imprisonment
or death. The strict provision of section 37(1)(b) is not attracted. The
prosecution did not attribute any criminal antecedents to the applicants.
Each of the applicants were allegedly possessing 5 grams of brown
sugar, which is a small quantity. The grounds urged by the prosecution
are not sufficient to deny the bail in these circumstances. Hence, I am
inclined to grant the bail on necessary conditions.
following order is passed.
Accordingly, the
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FINAL ORDER
(1) The applicants be released on furnish a PR Bond of Rs.25,000/
each with one or two solvent sureties of like amount on the
following conditions.
(2) The applicants shall not commit any offence hereinafter.
(3) The applicants shall regularly attend the Court and shall not cause
adjournment by reason of their absence.
(4) In case of breach of any of these conditions, their bail is liable to be
cancelled.
The application is allowed and disposed off accordingly.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Greater Bombay.
Date: 12/09/2018.
Order Dictated on :
Transcribed on
:
Signed on
:
12/09/2018
14/09/2018
14/09/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
14/09/2018 at 5.05 P.m.
BHARAT KASHINATH GAIKWAD
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge
HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order
12/09/2018
Order signed by P.O. on
14/09/2018
Order uploaded on
14/09/2018