NDPS RA 1267/2018
1
BA 981/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 981 OF 2018
IN
NDPS REMAND APPLICATION NO. 1267 OF 2018
Swapnil Vilas Koske
702/A, Florida Housing Society Ltd.
Shastri Nagar, Lokhandwala, Azad Nagar,
Andheri (W), Mumbai Ц 400 053.

Е Applicant
/ Accused
Vs.
The State of Maharashtra
(At the instance of Amboli Police Station)
Е Respondent.

Appearance:
Ld. Advocate Mr. V. B. Jaiswal for the applicant/ accused.
Ld. APP Mr. Tawade for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 3rd JANUARY, 2018.
ORAL ORDER
This is an application for bail filed by applicant/accused
Swapnil Vilas Koske on account of his arrest by the officers of Amboli
Police Station, Mumbai for commission of offences punishable u/s. 8(c)
r/w 22 of NDPS Act, 1985.
2.

The prosecution case in nutshell reveals that the officers of
respondent received an information from the reliable source that the
present applicant is dealing with contraband called Mephedrone (MD)
and he is about to come at the given spot for selling the same to his
NDPS RA 1267/2018
customers.

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BA 981/2018
Hence, the raid was arranged at the spot given in the
information and it is alleged that the present applicant/accused was
found having in his possession 10 gm of MD. Similarly, his Nigerian
associate by name Onu was also found having in his possession 15 gm
of MD. Thereafter, the applicant/accused was placed under arrest for
violation of provision of NDPS Act, 1985 as above. After cessation of
his police custody, presently he is in judicial custody.
3.

The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. It is specifically contended that the
quantity of MD allegedly seized from the possession of the present
applicant comes under the category of nonнcommercial quantity and
therefore, the bar of Section 37 of the NDPS Act does not get attracted.
He is permanent resident of Mumbai and residing with his family. He is
ready to abide by the conditions imposed by this Court, while releasing
him on the bail. On these grounds it is prayed that applicant/accused
be enlarged on bail.
4.

The respondent/State contested the petition by filing reply
dated 03/01/2019. It is mainly contended that the contraband called
MD of 10 gm has been seized from the possession of the present
applicant, strictly by following the provisions of law. If released on
bail, he may abscond and may not be available for trial and may engage
in the similar crime. The investigation is in progress and not yet
completed. On these grounds it is prayed that the application be
rejected.
5.

Heard Ld. Advocate Mr. Jaiswal for applicant & the Ld. APP
Mr. Tawade for the State, at length.

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6.

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BA 981/2018
It is submitted by the Ld. Defence Counsel that the quantity
of MD allegedly seized at the instance of applicant/accused is the nonн
commercial quantity, as per the details reflected in the reply and
therefore, primarily the bar as contemplated u/s.37 of the NDPS Act,
does not attract. It is further contended as per the contents of the
remand application, the applicant is having permanent place of
residence and therefore, he will not abscond, if released on bail.

On
the backdrop of these submissions, he requested to release the applicant
on bail. Per contra the Ld APP Mr. Tawade objected granting of the
application on the grounds reflected in the reply.
7.

I have carefully gone through submissions of both the sides
and record. It can be gathered from the material placed on record that
the applicant is allegedly found having in his possession 10 gm of MD
which is undoubtedly nonнcommercial quantity.

Naturally, the bar
under section 37 of the NDPS Act does not get attracted.
8.

It is equally a matter of record that since his arrest on
25/12/2018 he is in the custody and by this time the investigation in
the matter might have been almost completed, except the collection of
the CA Report from competent authority. Thereby, there is no likelihood
of tampering with the evidence or otherwise. Now nothing is to be
recovered or discovered on pointing out of the applicant. The
conclusion of the trial in the present case would take sufficient long
time and it is not desirable to keep the applicant behind the bars till
then. Under these circumstances, his further detention in the judicial
custody appears to be unwarranted. Applicant appears to have fix place
of residence as reflected in the remand application as well as copies of
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BA 981/2018
AADHAR Card & PAN Card produced on record and as such there is
minimal chance of his abscondance. There is neither allegation nor
evidence as regards criminal antecedent to the disнcredit of the
applicant/accused. In view of forgoing discussion, I conclude that
application deserves to be allowed and the interest of prosecution can
be secured by imposing following stringent conditions :
ORDER
1.

Bail Application No. 981/2018 in NDPS Remand
Application No. 1267/2018 is hereby allowed.
2.

The applicant/accused Ц Swapnil Vilas Koske, in Spl.

LAC
No.215/2018 registered with Amboli Police Station,
Mumbai be released on bail on his executing P.R. Bond of
Rs.75,000/н (Rs. Seventy Five Thousand only), with one or
two sureties in the like amount.
3.

The applicant/accused shall not directly or indirectly
dissuade any of the prosecution witnesses from deposing in
the Court or tamper with the prosecution evidence in any
way.
4.

Applicant/accused, while on bail, shall not indulge
into any criminal activity connected with the NDPS Act.
5.

Bail Application stands disposed off accordingly.

03.01.2019.
Typed on
: 03.01.2019.
Checked on : 03.01.2019.
Signed on
: 03.01.2019.

(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.

NDPS RA 1267/2018
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BA 981/2018
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
04.01.2019, 11.45 am.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 03.01.2019.

JUDGMENT/ORDER
P.O. on
by 03.01.2019.

signed
JUDGMENT/ORDER uploaded on
04.01.2019.