IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.745 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. : MHCC020132212018
Smt. Savitri Periswami Devendra,
]
Age : 52 years,
]
R/o.: Salamati Hill Zhopadpatti,
]
Zhopada No.8, Sardar Nagar 4,
]
Jaibhim No.14, Mukundrao Ambedkar
]
Nagar, Antophill, Mumbai37.
]
(Presently in Judicial Custody)
]
… Applicant/
Accused No.1
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 : 23rd October, 2018.
Mr. Ayaz Khan, Ld. Adv. for the applicant/accused.
Mr. P. S. Tawde, Ld. A.P.P. for the respondent/State.
ORDER
1.
The applicant/accused No.1 has filed this application
under Section 439 of the Code of Criminal Procedure for release on bail
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BA 745/18 in RA 987/18
on the grounds mentioned in the application.
2.
The application is opposed by the Investigating Officer by
filing his reply dated 19/10/2018 on the grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Mr. Ayaz Khan for the applicant/accused and the learned A.P.P.
Mr. P. S. Tawde for the prosecution.
4.
The applications of other three accused persons are already
allowed and they are ordered to be released on bail. So far as the
present applicant/accused No.1 is concerned, as per the prosecution
case, at the time of raid dated 06/10/2018, from her possession,
allegedly 6 grams Heroin powder was seized and thereafter, on
09/10/2018, by discovery under Section 27 of the Evidence Act,
additional Heroin powder weighing 61 grams was attached.
5.
The learned A.P.P. has contended that the contraband
Heroin attached from the possession of the applicant/accused No.1 is
above small quantity and below commercial quantity. He has further
contended that as per the police record, 6 criminal cases in Antop Hill
police station, Mumbai, for the offence punishable under Section 8(c)
r/w. Sections 21 and 29 of the N.D.P.S. Act were registered against the
applicant/accused. So also, in the A.N.C., Mumbai, four criminal cases
for the offence punishable under Section 8(c) r/w. 21 of the N.D.P.S.
Act
have
been registered.
He
has contended
that
the
said
applicant/accused is a habitual offender. All the offences are under the
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BA 745/18 in RA 987/18
N.D.P.S. Act. As such, if the bail is granted to the applicant/accused,
she will continue to involve in such illegal activities. He has further
contended that the applicant/accused No.1 has given her address in
Salamati Hill, S.R.A. C.H.S. on Mukundrao Ambedkar Road, Sion
Koliwada, but, on verification of her address, it was found that the said
applicant/accused used to reside in hutment and that hut has been
demolished
for
construction
of
new
building.
As
such,
the
applicant/accused is not residing on that address. Therefore, if the bail
is granted to her, she may abscond.
6.
On the other hand, the learned defence counsel has
contended that only one criminal case regarding small quantity for
personal consumption is pending against the applicant/accused in the
Court and in other cases, either the applicant/accused has been
acquitted or discharged or chargesheet is not filed. He has contended
that since last many years, the police department is harassing the
applicant/accused by filing false criminal cases against her. On these
grounds, he has requested to grant bail to the applicant/accused.
7.
It is not disputed that the alleged muddemal Heroin
attached from the possession of the applicant/accused is totally
weighing 67 grams and as such, it is above small quantity and below
commercial quantity. Therefore, the bar under Section 37 of the
N.D.P.S. Act is not applicable to the case of the applicant/accused.
8.
The learned Advocate for the applicant/accused has
produced four photocopies of the certified copy of judgment and order
against the present applicant/accused passed by the trial Court or the
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BA 745/18 in RA 987/18
Hon’ble High Court showing that in four matters, the applicant/accused
is already discharged from the prosecution lodged against her.
However, the fact cannot be ignored that since year 1994, criminal
cases were lodged against the applicant/accused for the offence under
the
N.D.P.S.
Act.
Therefore,
while
granting
bail
to
the
applicant/accused, stringent conditions are required to be imposed
against the applicant/accused so that she will not involve in future in
the offence under the N.D.P.S. Act. So far as residential address of the
applicant/accused is concerned, she has produced photocopy of her
Pan card, Aadhar card, identity card issued by Bharatiya Kamgar
Karmachari Mahasangh and copy of her ration card. Though, the I.O.
has contended that the building in which the applicant/accused reside,
has been demolished for reconstruction, any proof to that effect is not
brought on record. Hence, I pass the following order :
ORDER
1.
Bail application No.745/2018 is allowed in the following
terms :
(i)
The applicant/accused No.1 Smt. Savitri Periswami
Devendra be released on bail on her executing P.R. bond of Rs.50,000/
and surety of the like amount.
(ii)
The applicant/accused shall be entitled to submit one or
more sureties to match the surety amount.
(iii)
The applicant/accused is given one month time to arrange
for the sureties. In the meantime, she shall be entitled to be released on
bail on provisional cash security of Rs.50,000/.
(iv)
Before release on bail, the applicant/accused shall submit
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BA 745/18 in RA 987/18
her address proof as well as photograph on record.
(v)
On release on bail, the applicant/accused shall report to
the Antop Hill police station on each Friday between 9.00 a.m. to 11.00
a.m. till final disposal of the criminal case against her.
(vi)
The applicant/accused shall maintain diary for noting her
report to the police station.
(vii)
If the applicant/accused makes two consecutive defaults,
her bail bonds shall be cancelled.
(viii)
The
applicant/accused
shall
not
tamper
with
the
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 23/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
23/10/2018.
25/10/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
25/10/2018 at 5.45 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
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BA 745/18 in RA 987/18
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 23/10/2018.
JUDGMENT/ORDER signed by
P.O. on
25/10/2018.
JUDGEMENT/ORDER uploaded on
25/10/2018.