1
BA 865/18 (RA 1142/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.865 OF 2018
IN
N.D.P.S. SPL. REMAND APPLICATION No. 1142 OF 2018
Niko Pius John
aged 57 years, occupation : cloth business,
R/at Kamathi Pura, Nagpada, Mumbai
Accused present in judicial custody.
..Applicant/Accused
Versus
The State of Maharashtra,
(at the instance of Sewree Police
station, C.R./LAC no.29/2018)
…Respondent
Appearances:­
Ld. Advocate Mr. 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 : 26.12.2018
ORAL ORDER
1.

This is an application for grant of regular bail u/s.439 of the
Cr.P.C. filed on behalf of the accused. Say of the learned APP and IO
was called and it is submitted on record vide Exh.2. Seen and
considered the same.
2.

Heard learned Advocate Shri Shinde on behalf of the accused
and learned APP Shri Tawade on behalf of the State.
3.

It is submitted on behalf of the accused that as per the
prosecution, the accused was arrested by Sewree Police Station on
17/11/2018 for allegedly considering the offence punishable u/s.8(c)
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BA 865/18 (RA 1142/18)
r/w.21(b) of the NDPS Act, 1985. While possessing 50 gms cocaine in
the raid conducted by the Police below Free Way at Ganesh Mandir,
B.P. Toll Naka Road, Sewree, Mumbai as per the panchnama. Learned
Counsel for the accused submitted that seized quantity of cocaine is
non­commercial quantity. Therefore, the provisions of section 37 of the
NDPS Act, 1985 are not attracted. The accused is behind the bar from
the date of the arrest for more than one month. No purpose will be
served by keeping him behind the bar as investigation is to be
completed and charge­sheet will be filed and it will take long time for
trial to take place. Hence, the application be allowed.
4.

Application is strongly opposed by the learned APP on behalf of
the State and he has relied on the say at Exh.2. It is contended that the
accused is foreign national and has no local permanent address.
Investigation is still in progress. Th offence is of serious nature. The
accused is likely to abscond if released on bail. The accused is citizen of
Tanzania and investigation regarding his passport is being made. The
C.A. Report is awaited. Hence, the bail may not be granted.
5.

I have gone through the grounds stated in the bail application
and considering the reply filed on behalf of the State, it is admitted
position that the accused foreigner and citizen of Tanzania. He has been
arrested while possessing 50 gms cocaine which is non­commercial
quantity. Investigation is in progress. It will take long time for
completion of investigation and filing of the charge­sheet in the case. It
will also take considerable time for completing the trial of the case.
Considering the present pendency of NDPS Special Court, under the
above
circumstances,
I
am of the opinion that this Court has
discretion to grant bail to the accused subject to conditions which will
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BA 865/18 (RA 1142/18)
serve the purpose of the prosecution. Hence, the following order :­
ORDER
1.

Bail Application No.865 of 2018 is hereby allowed.

2.

Applicant/accused
Niko
Pius
John
shall
be
released on his executing P.R.Bond of Rs.1,00,000/­ (Rs.
One Lakh only) with one or more solvent sureties in the
equal sum subject to following conditions :­
(a)
Within
one
week
from
his
release,
the
applicant/accused shall furnish an undertaking
stating therein that he will not leave India
without prior permission of the Court.
(b)
Within
fifteen
days
from
his
release,
the
applicant/ accused shall produce the proof of his
identity and proof of residence at Mumbai at the
time of executing the bail bond.
(c)
The applicant/accused to attend the I.O at Sewree
Police Station for the purpose of investigation
once in a fortnight on 1 st and third Saturday of
the month between 11.00 am to 2.00 pm till filing
of the charge­sheet. If I.O is absent, then he
should give attendance to the PSO Incharge.

(d)
The passport of the applicant shall not be released
and to be kept deposited with concerned police
station until further orders.

(e)
The applicant/accused shall not tamper with
prosecution witnesses/evidence in any manner.

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(f)
BA 865/18 (RA 1142/18)
In case of breach of any of the above conditions
by
the
applicant/accused,
it
would
entail
cancellation of bail.
(g)
Bail
Appln.

No.865/18
stands
disposed
of
accordingly.

Date:­ 26.12.2018
Dictated on
: 26.12.2018
Transcribed on : 26.12.2018
HHJ signed on : 26.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

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BA 865/18 (RA 1142/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 28.12.2018
TIME: 02.00 pm
(MAHESH KESHAV SAKHARKAR)
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
26.12.18
Judgment/ order signed by P.O on
27.12.18
Judgment/ order uploaded on
28.12.18
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BA 865/18 (RA 1142/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.865 OF 2018
IN
N.D.P.S. SPL. REMAND APPLICATION No. 1142 OF 2018
Niko Pius John
aged 57 years, occupation : cloth business,
R/at Kamathi Pura, Nagpada, Mumbai
Accused present in judicial custody.
..Applicant/Accused
Versus
The State of Maharashtra,
(at the instance of Sewree Police
station, C.R./LAC no.29/2018)
…Respondent
Appearances:­
Ld. Advocate Mr. 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 : 26.12.2018
For the reasons recorded separately following order is passed :­
OPERATIVE ORDER
1.

Bail Application No.865 of 2018 is hereby allowed.

2.

Applicant/accused
Niko
Pius
John
shall
be
released on his executing P.R.Bond of Rs.1,00,000/­ (Rs.
One Lakh only) with one or more solvent sureties in the
equal sum subject to following conditions :­
(a)
Within
one
week
from
his
release,
the
applicant/accused shall furnish an undertaking
stating therein that he will not leave India
without prior permission of the Court.

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(b)
Within
fifteen
days
BA 865/18 (RA 1142/18)
from
his
release,
the
applicant/ accused shall produce the proof of his
identity and proof of residence at Mumbai at the
time of executing the bail bond.
(c)
The applicant/accused to attend the I.O at Sewree
Police Station for the purpose of investigation
once in a fortnight on 1 st and third Saturday of
the month between 11.00 am to 2.00 pm till filing
of the charge­sheet. If I.O is absent, then he
should give attendance to the PSO Incharge.

(d)
The passport of the applicant shall not be released
and to be kept deposited with concerned police
station until further orders.

(e)
The applicant/accused shall not tamper with
prosecution witnesses/evidence in any manner.

(f)
In case of breach of any of the above conditions
by
the
applicant/accused,
it
would
entail
cancellation of bail.
(g)
Bail
Appln.

No.865/18
stands
disposed
of
accordingly.

Date:­ 26.12.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

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Dictated on
: 26.12.2018
Transcribed on : 26.12.2018
HHJ signed on : 26.12.2018
BA 865/18 (RA 1142/18)