IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.739 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.977 OF 2018
IN
N.D.P.S. L.A.C. NO.32 OF 2018
CNR NO. : MHCC020131042018
Mohd. Nasim Fakri Mohd.,
]
Age : 35 years, Occ.: Taxi Driver,
]
R/o.: Chawl No.7, 142/2472, 1st floor,
]
Faroda Society, Opp. Post Office,
]
Tagore Nagar, Vikhroli (East),
]
Mumbai 400 083.
]
Permanently residing at Village Takiya,
]
Vishweshwarganj, Payagpur Shrawasti,
]
District Bahraich, Uttar Pradesh 271 845.
]
(presently in Mumbai Central Prison).
]
… Applicant/
Accused No.4
V/s.
The State of Maharashtra
]
(at the instance of M.R.A. Marg Police
]
Station in Spl. L.A.C. No.32/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 20th October, 2018.
Ms. Sherali Khan, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
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ORDER
1.
The applicant/accused No.4 Mohd. Nasim Fakri Mohd. in
M.R.A. Marg police station L.A.C. No.32/2018 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.
The application is opposed by the Investigating Officer by
filing reply dated 19/10/2018 on the various grounds mentioned in the
application.
3.
Heard the learned Advocate for the applicant/accused
No.4 and the learned A.P.P. for the respondent/State. Perused the
investigation papers.
4.
The learned Advocate for the applicant/accused has
contended that as per the prosecution case, the accused Nos.1 to 3 had
hired taxi of the applicant/accused No.4 and the police while
patrolling, reached at Mastan Adda, Ballard Pier Estate, Mumbai, and
they found the accused Nos.1 to 3 sitting in the taxi in suspicious
circumstances. Therefore, the police officers apprehended the accused
Nos.1 to 3 and the driver of the taxi i.e. the applicant/accused No.4.
From the possession of accused Nos.1 to 3, who are Nigerian nationals,
the alleged contraband Cocaine was seized from the handbags. He has
contended that any article including the contraband was not seized
from the possession of the applicant/accused No.4. He has further
contended that till this date, the I.O. has not collected any evidence to
show that the applicant/accused had knowledge that in the bags of the
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accused Nos.1 to 3, contraband Cocaine was stored. Therefore,
according to him, there is no sufficient evidence to show that the
applicant/accused has committed any offence under the N.D.P.S. Act.
5.
On the other hand, the learned A.P.P. has contended that
when the police officers conducted the raid, the applicant/accused No.4
also attempted to run away from the place and this conduct of the
applicant/accused shows that he knew that the accused Nos.1 to 3
were possessing contraband Cocaine. The learned A.P.P. has contended
that Section 29 of the N.D.P.S. Act has been charged against the
applicant/accused and still the investigation is in progress. On these
grounds, he has requested to reject the application.
6.
In the police papers, prima facie, there is nothing to show
that the applicant/accused No.4 had knowledge that in the handbags of
accused Nos.1 to 3, allegedly there was contraband Cocaine. It is not
disputed by the learned A.P.P. that the applicant/accused No.4 resides
in Mumbai and he runs a taxi. Therefore, prima facie, possibility cannot
be ruled out that the accused Nos.1 to 3 had hired taxi of the
applicant/accused No.4 without giving knowledge to him that they
were carrying contraband Cocaine in their handbags. Therefore, in
view of the said circumstances, there is no reason to keep the
applicant/accused No.4 behind the bar for further period. Hence, I pass
the following order :
ORDER
1.
Bail application No.739/2018 is allowed in the following
terms :
(i)
The applicant/accused No.4 Mohd. Nasim Fakri Mohd. be
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released on bail on his executing P.R. bond of Rs.15,000/ and surety
of the like amount.
(ii)
Before release on bail, the applicant/accused shall submit
his address proof as well as photograph on record.
(iii)
The applicant/accused shall report to the Investigating
Officer on each Monday between 9.00 a.m. to 11.00 a.m. till filing of
the chargesheet.
(iv)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
(v)
The applicant/accused is given two weeks time to furnish
the surety. In the mean time, he shall be entitled to be released on bail
on provisional cash security of Rs.15,000/
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 20/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
20/10/2018.
22/10/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
23/10/2018 at 2.45 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
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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 20/10/2018.
JUDGMENT/ORDER signed by
P.O. on
23/10/2018.
JUDGEMENT/ORDER uploaded on
23/10/2018.