NDPS Spl RA 898/2018
1
BA 647/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 647 OF 2018
IN
NDPS SPECIAL REMAND APPLICATION NO. 898 OF 2018
Shashikala Prakash Arundudhi
Age – 27 yrs., Occ: Housewife,
R/A 20, Behind Dhokarji Lalaji
Kapadia Bldg., Zopad D, Masjid Bunder,
Siding road, Dana Bunder, Mumbai 400 009.
V/s.
The State of Maharashtra
(At the instance of Pydhonie Police Station
vide CR No. 190/2018 dated 10/09/2018).
… Applicant/
Accused
… Respondent
Appearance :
Ld. Advocate Mr. V. P. Shinde for the applicant/accused.
Ld. APP Mr. Panjwani for the State.
CORAM : H.H.J THE SPECIAL JUDGE (NDPS)
& ADDL.SESSIONS JUDGE
SHRI. V.V. VIDWANS (CR NO.42).
DATE : 29th SEPTEMBER, 2018.
ORAL ORDER
This is an application for regular bail under Section 439 of
Cr.P.C. filed on behalf of the accused. Say of the respondent/State was
called through APP and it is filed on record on 27/09/2018, seen and
considered the same.
2.
I have heard oral submissions of Ld. Advocate Mr. V. P.
Shinde for the accused/ applicant and Ld. APP Mr. Panjwani on behalf
of the State.
NDPS Spl RA 898/2018
3.
2
BA 647/2018
The Ld. Counsel for the accused submitted that, as per
prosecution case, Pydhonie Police have arrested the accused on
10/09/2018 near Masjid Bunder Railway Station due to suspicion,
during the patrolling duty.
It is alleged that during the search, police
had recovered 53.500 gms heroin from her possession as per
panchanama.
4.
On the above factual background, it is submitted by the counsel
for the accused that the accused/applicant has been falsely implicated
in this case and seized quantity of contraband i.e. 53.500 gram heroin is
noncommercial quantity. Therefore, bar u/s. 37 of the NDPS Act is not
attracted. Accused is woman and is permanent resident of Mumbai, she
is not likely to abscond.
accused.
There are no criminal antecedent of the
Hence, bail may be granted.
The Ld. Counsel for the
applicant/accused orally prayed for releasing the applicant/accused on
the provisional cash bail for the period of 6 weeks.
5.
The application is strongly opposed by the Ld. APP. He has relied
on the say and submitted that there is prima facie evidence against the
accused. She was caught raidhanded while possessing the heroin. The
investigation is in progress. Therefore, the accused is likely to abscond
and will not be available for trial. Hence, application be rejected.
6.
Considering the submissions made by the Ld. Counsels for both
the sides and the facts and circumstances of the case, the seized
contraband i.e. 53.500 gms heroin is not commercial quantity. The
accused is woman having residences at the given address at Mumbai.
Considering the fact that the applicant/accused is in custody due to
inability to furnish surety, cash bail for the period of 6 weeks is granted.
NDPS Spl RA 898/2018
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BA 647/2018
Therefore, it will be just and proper to allow the application subject to
conditions. Hence, the following order :
ORDER
1.
Bail Application No. 647/2018 in NDPS Special Remand
Application No. 898/2018 is hereby allowed.
2.
The applicant/ accused – Shashikala Prakash Arundudhi
shall be released on her executing P.R.Bond of Rs.50,000/ (Rs.
Fifty Thousand only) with one or two local solvent sureties during
the pendency and until conclusion of trial of the case.
3.
The applicant/accused shall report to the I.O. of the
concerned police station on every 1 st and 3rd Monday of the
calender month between 03.00 pm to 06.00 pm till the filing of
chargesheet. If the I.O. is absent, she shall give attendance to the
Incharge of the police station.
4.
The applicant/accused shall not directly or indirectly,
make any inducement or threat to any prosecution witnesses and
shall not in any manner tamper with the prosecution evidence.
5.
The applicant/accused shall cooperate early disposal of
the case.
6.
Any
breach
of
the
above
conditions
by
the
applicant/accused or any attempt on his part to delay the trial,
would make him liable for cancellation of bail.
7.
Bail Application No. 647/2018 stands
disposed of
accordingly.
Date:29.09.2018
(V.V. Vidwans)
N.D.P.S Special Judge
Incharge of C.R. 43.
City Civil & Sessions Court,
Gr. Bombay (CR 42)
NDPS Spl RA 898/2018
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BA 647/2018
L.O.
After the bail application was allowed, the learned counsel for
the accused orally prayed for grant of provisional cash bail to the
accused for a period of six weeks, as it will take considerable time for
securing and furnishing surety as directed by the court.
ORDER
1.
In view of the above submissions, oral request for cash
bail is allowed.
2.
The applicant/accused be released on depositing the
provisional cash bail of Rs.50,000/ (Rs. Fifty Thousand only) in
this Court for a period of six weeks.
Date:29.09.2018
Dictated on
Typed on
Checked on
Signed on
: 29.09.2018.
: 29.09.2018.
: 29.09.2018.
: 29.09.2018.
(V.V. Vidwans)
N.D.P.S Special Judge
Incharge of C.R. 43.
City Civil & Sessions Court,
Gr. Bombay (CR 42)
NDPS Spl RA 898/2018
5
BA 647/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
01.10.2018, 05.40 pm.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. V.V. Vidwans
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 29.092018.
JUDGMENT/ORDER
P.O. on
by 29.09.2018.
signed
JUDGMENT/ORDER uploaded on
01.10.2018.