IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.735 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.987 OF 2018
IN
N.D.P.S. C.R. NO.288 OF 2018
CNR NO. : MHCC020130552018
Ramchandra Vadu Nayar,
]
Age : 49 years, Occ.: –,
]
R/o.: 2632D,Sir Senapati Tatya Tope Road,]
near Priyadarshani Zopadpatti,
]
Chunabhatti, Mumbai – 400 022.
]
(Presently in Judicial Custody)
]
… Applicant/
Accused No.4
V/s.
The State of Maharashtra
]
(Antop Hill Police Station, vide
]
C.R.No.288/18 dated 06/10/2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 16th October, 2018.
Mr. Gorakh Liman, Ld. Adv. for the applicant/accused.
Ms. Meera Choudhari, Ld. A.P.P. for the respondent/State.
ORDER
1.
This application is filed by the applicant/accused No.4
Ramchandra Vadu Nayar under Section 439 of the Code of Criminal
2
BA 735/18 in RA 987/18
Procedure for release on bail on the grounds mentioned in the
application.
2.
The application is opposed by the Investigating Officer by
filing reply. The I.O. has contended that the applicant/accused is a
habitual offender. This applicant/accused found using his two wheeler
vehicle for carrying contraband Heroin at the instance of other accused
i.e.
accused
Nos.1
to
3.
It
is
further
contended
that
the
applicant/accused resides in a rented premises, but, he has not
produced any documentary proof regarding his residence in that
premises. It is further contended that one more accused Ganesh @
Ganeshan Devendra is yet to be arrested and if the bail is granted to
this applicant/accused, he will help the said absconding accused. On all
these grounds, the I.O. has requested to reject the application.
3.
for
Heard the arguments submitted by the learned Advocate
the
applicant/accused
and
the
learned
A.P.P.
for
the
respondent/State.
4.
As per the prosecution case, the contraband Heroin was
not seized from the possession of this applicant/accused. Only
allegation against the applicant/accused is that he was using his two
wheeler vehicle in carrying Heroin for delivering to the customers. His
vehicle is already seized by the I.O. during the investigation. Therefore,
further custody of the applicant/accused in the jail is not required. The
address of this applicant/accused is already verified by the I.O. and he
has satisfied that the applicant/accused resides in the said rented
premises. Therefore, the applicant/accused is entitled for release on
3
BA 735/18 in RA 987/18
bail. Hence, I pass the following order :
ORDER
1.
Bail application No.735/2018 is allowed in the following
terms :
(i)
The applicant/accused No.4 Ramchandra Vadu Nayar be
released on bail on his executing P.R. bond of Rs.15,000/ and surety
of the like amount.
(ii)
Till
arrangement
of
the
surety
is
made,
the
applicant/accused shall be entitled to give provisional cash security of
Rs.20,000/ for four weeks.
(iii)
Before release on bail, the applicant/accused shall submit
his address proof and his photograph on record.
(iv)
The
applicant/accused
shall
not
tamper
with
prosecution evidence.
2.
Application stands disposed of accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 16/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
16/10/2018.
20/10/2018.
the
4
BA 735/18 in RA 987/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
22/10/2018 at 5.45 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 16/10/2018.
JUDGMENT/ORDER signed by
P.O. on
22/10/2018.
JUDGEMENT/ORDER uploaded on
22/10/2018.