IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO.761 OF 2018
IN
N.D.P.S. REMAND APPLICATION NO.1031 OF 2018
IN
N.D.P.S. L.A.C. NO.41 OF 2018
CNR NO. : MHCC020134682018
Sindhu Sheshnath Gupta,
]
Aged 30 years, Occ.: Housewife,
]
Residing at Galli No.1, near Railway Track, ]
Nehru Nagar, Daulat Nagar,
]
Santosh Mata Mandir, Borivali (East),
]
Mumbai – 400 066.
]
(At present lodged at Byculla Women
]
Prison at Byculla, Mumbai).
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(at the instance – Sr.P.I. Kasturba Marg
]
P. Stn. Mumbai, vide their C.R.41/2018
]
dated 20.10.2018).
]
… Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 30th October, 2018.
Mr. S. S. Bhandary, Ld. Adv. for the applicant/accused.
Mr. B. G. Rajput, Ld. A.P.P. for the respondent/State.
2
BA 761/18 in RA 1031/18
ORDER
1.
The applicant/accused, who was arrested in Kasturba Marg
police station L.A.C. No.41/2018, 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 26/10/2018 on the various grounds mentioned in the
reply.
3.
Heard the arguments submitted by the learned Advocate
Mr. S. S. Bhandary for the applicant/accused and the learned A.P.P.
Mr. B. G. Rajput for the respondent/State and perused the police
papers.
4.
As per the prosecution case, by conducting raid on
20/10/2018, from the possession of the applicant/accused Heroin
weighing 12.550 grams valued Rs.45,000/ was seized in presence of
panch witnesses. Thus, the alleged contraband Heroin seized from the
possession of the applicant/accused is non commercial quantity,
therefore, the restrictions for grant of bail under Section 37 of the
N.D.P.S. Act are not applicable. The applicant/accused is a resident of
hut in Galli No.1, near Railway track at Nehru Nagar, Daulat Nagar,
Borivali (E), Mumbai. The I.O. has not reported any previous case of
similar
offence pending in the police station, therefore, the
applicant/accused is entitled for release on bail. Hence, I pass the
following order :
3
BA 761/18 in RA 1031/18
ORDER
1.
Bail application No.761/2018 is allowed in the following
terms :
(i)
The applicant/accused
Sindhu
Sheshnath
Gupta
be
released on bail on her executing P.R. bond of Rs.25,000/ 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.25,000/.
(iv)
Before release on bail, the applicant/accused shall submit
her residential address proof as well as photograph on record.
(v)
The
applicant/accused
shall
not
tamper
with
prosecution evidence.
2.
Application stands disposed off accordingly.
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 30/10/2018.
Dictated on
Transcribed on
Signed on
:
:
:
30/10/2018.
01/11/2018.
the
4
BA 761/18 in RA 1031/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
02/11/2018 at 4.30 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 30/10/2018.
JUDGMENT/ORDER signed by
P.O. on
02/11/2018.
JUDGEMENT/ORDER uploaded on
02/11/2018.