BA.No.737/2023
-1-
NDPS.RA.948/2023
MHCC020127462023
Presented on
Registered on
Decided on
Duration
: 24-08-2023
: 24-08-2023
: 25-09-2023
: 0 years, 1 months, 1 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.737 OF 2023
IN
NDPS REMAND APPLICATION NO.984 OF 2023
Aaditya Punjari Wagh @ Aditya
Punjahari Wagh
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Deonar Police Station,
vide Special LAC/CR.No.289/2023.)

.. Respondent.

Advocate Ms. Puja Yadav for the Applicant/Accused.
APP Mr. Wajeed Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 25th September, 2023.
ORDER
1.

This is an application for bail by applicant/accused Aaditya
Punjari Wagh @ Aditya Punjahari Wagh who has been arrested by
officers of Deonar Police Station in Special LAC/CR.No.289 of 2023, for
the offence punishable under Section 8(c) read with Section 22(b) of
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NDPS.RA.948/2023
the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short,
‘NDPS Act’).
2.

Heard Counsel for the accused and APP for the State.

3.

The case of the prosecution is that on 25.07.2023, the officers of
Deonar Police Station stopped the accused on suspicion.
evasive answers.

He gave
The officers of the patrolling team requested PI
Khatpe to come to the spot.

PI Khatpe then called for two panch
witnesses. He apprised the accused of the rights under Section 50 of
the NDPS Act and searched him. During his search, 11 grams of MD
was found in his possession and he has been prosecuted for violation of
the NDPS Act.
4.

The counsel for the accused has submitted that the quantity of
contraband seized is a non commercial quantity. Hence, bar of Section
37 of the NDPS Act would not apply.
5.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
6.

On perusal of the say it reflects that there are no past
antecedents. Considering the amount of contraband seized and that
the accused does not have any criminal antecedents, he be released on
bail. Hence, the following order is passed:
Order
1.

Bail Application No.737 of 2023 is hereby allowed.

2.

Applicant/Accused Aaditya Punjari Wagh @ Aditya Punjahari
Wagh, being accused in Special LAC/CR.No.289 of 2023, registered
with Deonar Police Station, for the offence punishable under Section
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NDPS.RA.948/2023
8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, be released on furnishing solvent surety and P.R.
bond of Rs.50,000/- (Rupees Fifty Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with Deonar Police Station, on every Monday and
Saturday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Bail Application No.737 of 2023 in NDPS Remand Application
No.948 of 2023 is disposed off.
AMIT V
KHARKAR
Date : 25.09.2023
Dictated on
: 25.09.2023
Transcribed on : 27.09.2023
HHJ signed on : 29.09.2023
Digitally signed
by AMIT V
KHARKAR
Date: 2023.09.29
17:17:15 +0530
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS.RA.948/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.09.2023/5.16 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 25.09.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
29.09.2023
JUDGMENT/ORDER uploaded on
29.09.2023