IN THE SPECIAL COURT FOR GREATER BOMBAY, BOMBAY
UNDER THE N.D.P.S. ACT.
BAIL APPLICATION NO.571 OF 2018
CNR NO.: MHCC02­010516­2018
(In FIR no.34/2018 of ANC, Bandra Unit, Mumbai, for offence under
section 8(c) punishable under sections 20 and 29 of the NDPS Act.)
Vikas Ramdas Patil
Aged: 28 years.

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APPLICANT
(ACCUSED NO.1)
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RESPONDENT
(PROSECUTION)
V/s.
The State of Maharashtra through the
SHO, ANC, Bandra Unit, Mumbai.
APPEARANCE:
Mr. Nikhilesh S. Nishad, Advocate for the Applicant/Accused No.1.
Mr. P.S. Tawade, APP for the Respondent/State.
APPLICATION FOR BAIL UNDER SECTION 439 OF THE CODE OF
CRIMINAL PROCEDURE
CORAM :
SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE :
28th August, 2018.

ORDER
(Dictated and pronounced in open Court)
The applicant is accused no.1 in the remand proceeding. He
was arrested on 10.08.2018 for possessing 600 gms. of ganja, which is a
narcotic drug. Accused no.2 to 6 allegedly possessed 1.9 kg., 1.2 kg.,
1.5 kg., 800 gms. and 700 gms. of ganja respectively.
application for bail by accused no.1.

Hence, this
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2.

The respondent/prosecution filed reply and opposed the bail.

I heard the learned advocate for the applicant and the learned
additional public prosecutor. I perused the case papers.
3.

There is no dispute that the quantum of ganja seized from
the applicant i.e. 600 gms. is non­commercial quantity. The offences
are under sections 20 and 29 of the NDPS Act. Therefore, the rigorous
provision of section 37(1)(b) of the NDPS Act is not attracted.
4.

The applicant’s learned advocate argued that the applicant
has permanent roots in the society. Hence, he is not going to abscond.
He is ready and willing to abide by the conditions which may be
imposed in the bail order. He claims innocence. Thus, he urged for
grant of bail.

The learned additional public prosecutor argued that
though the quantum is not of commercial quantity, the bail is liable to
be rejected and if granted, it should be on stringent conditions.
5.

The applicant is already in judicial custody.

His further
detention is not required. The applicant produced copy of his voter’s
identity card and PAN card. Considering the above mentioned facts, I
am of the view that conditional bail may be granted to the applicant.
Hence, the following order is passed.
FINAL ORDER
The applicant be released on PR Bond of Rs.25,000/­ with
one or two solvent sureties of like amount on the following
condition.
The applicant shall not repeat the offence or commit any
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other offence similar to the present one which is alleged
against him.

(S.V. YARLAGADDA)
Additional Sessions Judge,
Greater Bombay.

Date: 28/08/2018.
Order Dictated on
Transcribed on
Signed on
:
:
:
28/08/2018
29/08/2018
29/08/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
29/08/2018 at 5.00 p.m.
UPLOAD DATE AND TIME
BHARAT KASHINATH GAIKWAD
NAME OF STENOGRAPHER
Name of the Judge
HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order
28/08/2018
Order signed by P.O. on
29/08/2018
Order uploaded on
29/08/2018