NDPS Spl RA 900/2018
1
BA 648/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 648 OF 2018
IN
NDPS SPECIAL REMAND APPLICATION NO. 900 OF 2018
1.
Suresh Kashinath Kasbe
Age – 25 yrs., Occ.: Nil,
R/A Room No. 144, Nehru Nagar,
Galli No. 5, Daulat Nagar, Opp.
Utsav Hotel, Borivali (E),
Mumbai – 400 016.
2.
Tasleem Hussain Shaikh
Age 25 yrs., Occ.: Housewife,
R/A Room No. 907, Saibaba Galli No. 3,
S. V. Road, near Sanatana Hotel,
Daulat Nagar, Borivali (E),
Mumbai 400 066.
3.
Yasmeen Valli Mansuri @
Yasmeen Veelasa Mansuri
Age 40 yrs., Occ.: Housewife,
4.
Valli Isha Mansuri,
Age 45 yrs., Occ.: Nil,
Both R/A Room No. 73,
Nehru Nagar Zopadpatti,
Near – Sanatana Hotel,
Daulat Nagar, Borivali (E),
Mumbai 400 066.
V/s.
The State of Maharashtra
(Sr. Inspector of Police, Kasturba
Marg Police Station vide C.R.No. 31/2018
dated 15/09/2018).
… Applicant/
Accused Nos. 1 to 4
Appearance :
Ld. Advocate Mr. V. P. Shinde for the applicant/accused.
Ld. APP Mr. Panjwani for the State.
… Respondent
NDPS Spl RA 900/2018
2
BA 648/2018
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 at Ex2 on 27/09/2018,
seen and considered the same.
2.
I have heard oral submissions of Ld. Advocate Mr. Shinde
for the accused/ applicant and Ld. APP Mr. Panjwani on behalf of the
State.
It is submitted on behalf of the accused that as per the
prosecution case Kasturba Marg police had arrested the accused nos. 1
to 4 on 15/09/2018 at Nehru Nagar, Galli No. 1, behind Gopalpyriya
Bldg., near Railway track, Daulat Nagar, Borivali (E), Mumbai. During
the personal search of the accused, police had recovered 11.770 gms
Mephedrone from accused no. 1 Suresh, 6 gm Heroin from accused no.
2 Tasleem, 9 gm heroin from accused no. 3 Yasmeen and 7.680 gm
heroin & cash of Rs.350/ from accused no. 4. It is submitted that
accused have been falsely implicated in the case by the police. The
quantity of seized contraband from the possession of the accused is non
commercial quantity, therefore, provision of Section 37 of the NDPS Act
are not attracted. The accused nos. 1 to 4 are permanent resident at the
given address at Mumbai and not likely to abscond. They are ready to
abide by the conditions, if any, imposed by this court.
It is also
submitted that the police have not followed the mandatory provisions of
NDPS Act in the arrest, personal search and seizure was effected by the
NDPS Spl RA 900/2018
3
police below the rank of head constable.
BA 648/2018
The accused no. 4 is also
having disability of 40% and he is suffering from visual impairment of
both eyes. Under these circumstances, the application deserves to be
allowed. The Ld. APP Mr. Panjwani pointed out from the say that there
is criminal antecedent against the accused no. 1 Suresh Kasbe and as
per police record he is habitually involved in the prohibited activities
under the NDPS Act and C. R. No. 38/2017 under Section 8(C) r/w
21(b) and 29 of the NDPS Act is pending. Therefore, the application be
rejected.
3.
Regarding the criminal antecedent of accused Suresh Kasabe and
pendency of C.R.No. 38/2017 against him, Ld. APP has relied on the
say and has opposed the application. However, it is settled law that
mere
pendency
of
the
criminal
proceedings
against
the
applicant/accused is not sufficient ground to consider him has a
habitual offender and therefore, the said objection is not helpful to the
prosecution.
Therefore, it will be just and proper to allow the
application subject to conditions. Hence, the following order :
ORDER
1.
Bail Application No. 648/2018 in NDPS Remand
Application No. 900/2018 is hereby allowed.
2.
The applicant/accused no. 1 – Suresh Kashinath
Kasbe, applicant/accused no. 2 – Tasleem Hussain Shaikh,
applicant/accused no. 3 – Yasmeen Valli Mansuri @ Yasmin
Veelasa Mansuri, applicant/accused no. 4 – Valli Isha Mansuri
shall be released on their executing P.R.Bond of Rs.30,000/
(Rs. Thirty Thousand only) each, with one or two local
solvent sureties during the pendency and until conclusion of
trial of the case.
NDPS Spl RA 900/2018
3.
4
BA 648/2018
Each applicant/accused shall report to the concerned
police station on every Saturday between 03.00 pm to 06.00
pm till the filing of chargesheet.
4.
Each 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.
Each applicant/accused shall cooperate early disposal
of the case.
6.
Any breach of
the
above conditions
by
each
applicant/accused or any attempt on their part to delay the
trial, would make them liable for cancellation of bail.
7.
Bail Application No. 648/2018 stands
disposed of
accordingly.
(V.V. Vidwans)
N.D.P.S Special Judge
Incharge of C.R. 43.
City Civil & Sessions Court,
Gr. Bombay (CR 42)
Date:29.09.2018
L.O.
After the bail application was allowed, the learned counsel for
the accused persons 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.
NDPS Spl RA 900/2018
2.
5
BA 648/2018
The applicant/accused be released on depositing the
provisional cash bail of Rs.30,000/ (Rs. Thirty Thousand
only) each, in this Court for a period of six weeks.
(V.V. Vidwans)
N.D.P.S Special Judge
Incharge of C.R. 43.
City Civil & Sessions Court,
Gr. Bombay (CR 42)
Date:29.09.2018
Dictated on
Typed on
Checked on
Signed on
: 29.09.2018.
: 01.10.2018.
: 01.10.2018.
: 01.10.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
03.10.2018, 03.14 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 29.09.2018.
JUDGMENT/ORDER
P.O. on
by 01.10.2018.
signed
JUDGMENT/ORDER uploaded on
03.10.2018.