IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.781 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1035 OF 2018
IN
N.D.P.S. C.R. NO.48 OF 2018
CNR NO. : MHCC020137792018
Nadim Rafiq Mansuri @ Guddu,
]
An Adult Muslim, Age 29 years,
]
Occ. Fisherman,
]
Residing at Ali Jamal Pinjari House No.15, ]
1st floor, Madla Pada, Kotheshwar
]
Gymnasium, Khar Danda, Khar (West),
]
Mumbai – 42.
]
At present lodged at Taloja Central Prison. ]
… Applicant/
Accused
V/s.
The State of Maharashtra,
]
A.N.C. Worli Unit in their C.R.No.48/2018. ]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 1st November, 2018.
Mr. Mahesh Mule, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused in C.R. No.48/2018 of A.N.C. Worli
2
BA 781/18 in RA 1035/18
Unit, Mumbai, 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 01/11/2018 on the various grounds mentioned in the
reply.
3.
Heard the learned Advocate Mr. Mahesh Mule for the
applicant/accused and the learned A.P.P. Mr. B. G. Rajput for the
respondent/State and perused the case papers.
4.
As per the prosecution case, on 20/10/2018, while the
police officers of A.N.C. Worli Unit, were patrolling in Mahim area,
they found the applicant/accused standing in suspicious condition on
the Shitaladevi Temple Road, Kapad Bazaar, Mahim, therefore, they
apprehended the applicant/accused and after conducting his personal
search by following the procedure, they found 300 grams contraband
‘Charas’ in his possession. As per the prosecution case, the value of said
contraband is Rs.1,50,000/.
5.
The I.O. has contended in his reply that as per the
interrogation with the applicant/accused, the applicant/accused had
possessed the said contraband for the purpose of illegal sale. The I.O.
has
further
contended
that
from
the
enquiry
with
the
applicant/accused, the name of one Jogi staying at Kulu Manali,
Himachal Pradesh, is revealed. The applicant/accused has informed
that he had purchased the said contraband from that person. the I.O.
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BA 781/18 in RA 1035/18
has raised an apprehension that if the applicant/accused is released on
bail, he may give alert to that person and help him to abscond. The I.O.
has further contended that the applicant/accused may tamper with the
prosecution evidence.
6.
The alleged muddemal contraband ‘Charas’ attached from
the possession of the applicant/accused is above small quantity, but,
below commercial quantity i.e. non commercial quantity and therefore,
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 Khar (W), 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.781/2018 is allowed in the following
terms :
(i)
The applicant/accused Nadim Rafiq Mansuri @ Guddu be
released on bail on his executing P.R. bond of Rs.30,000/ 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.30,000/.
(iv)
The applicant/accused shall report to the A.N.C. Worli Unit
on each Friday between 9.00 a.m. to 11.00 a.m. till filing of the charge
4
BA 781/18 in RA 1035/18
sheet.
(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)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
(viii)
The applicant/accused shall give cooperation in the
investigation.
(ix)
Before release on bail, the applicant/accused shall submit
his residential address proof as well as photograph on record.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 01/11/2018.
Dictated on
Transcribed on
Signed on
:
:
:
01/11/2018.
02/11/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
02/11/2018 at 4.45 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
5
BA 781/18 in RA 1035/18
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 01/11/2018.
JUDGMENT/ORDER signed by
P.O. on
02/11/2018.
JUDGEMENT/ORDER uploaded on
02/11/2018.