IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
Cri. BAIL APPLICATION NO. 797 OF 2022
IN
C. R. NO. 30 OF 2022
Akash Gurushankar Das
Age : 43 yrs.,
R/o : WR 500 B/S 138 F 199,
Transist Camp, VJB Marg,
Govandi (West), Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC Ghatkopar Unit.
…Respondent
Appearance :Mr. Shinde, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 19th May, 2022
ORDER
The applicant/accused Akash Gurushankar Das has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
02.04.2022 by ANC Ghatkopar Unit in C.R. No.30/2022 for offences
punishable u/sec. 8(c) r/w 20 (b) of NDPS Act, 1985.
2.

As per the case of the prosecution on 02.04.2022, a team of ANC
Ghatkopar Unit was on patrolling duty. They found one person i.e
applicant/accused in a suspicious manner at Karbala Maidan,
Mankhurd,
Mumbai.

Hence
officers
apprehended
the
applicant/accused. On search, he was found in possession of 7 kgs of
Ganja. Said contraband
came to be seized under panchanama by
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following necessary procedure and applicant was placed under arrest.
3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated in this case and he has no connection with
the alleged contraband. The contraband allegedly recovered from him
falls under non commercial quantity. Hence Sec. 37 of NDPS Act is not
applicable to the applicant.

The applicant has permanent place of
residence in Mumbai and is not likely to abscond. He is ready to abide
by conditions, if this Court releases him on bail. Hence he prayed for
releasing him on bail.
4.

Application is opposed by filing say by respondent. It is contended
that 7 kgs. of Ganja is recovered from applicant/accused. The applicant/
accused
has
not
cooperated
the
investigating
machinery.

If
applicant/accused is granted bail, he may indulge in similar kind of
offence. Hence application be rejected.
5.

Perused application and say. Heard both sides. It is submitted on
behalf of applicant that the alleged recovery of 7 kgs. of Ganja made
from the applicant falls under non commercial quantity. Hence Sec. 37
of the Act is not applicable. Hence prayed for allowing the application.
As against this, it is submitted by Ld. APP that applicant has not
cooperated during investigation. Investigation in this case is in progress.
Hence prayed for rejecting the application.
6.

Perusal of record reveals that on 02.04.2022, a team of ANC
Ghatkopar Unit was on patrolling duty in their jurisdiction, where they
found present applicant/accused in suspicious condition. Hence officers
apprehended him. On search, he was found in possession of 7 kgs. of
-3-
Ganja. Now, the quantity of contraband recovered from the applicant is
intermediate quantity. Hence stringent provisions of Sec. 37 of NDPS
Act are not applicable.
7.

Now already recovery is completed and nothing is remained to be
recovered. Further more, applicant has a permanent place of residence
in Mumbai and he is not likely to abscond. Applicant/accused is ready
to abide by any conditions imposed by the Court. There are no criminal
antecedents to the discredit of the applicant/accused. No purpose will
be served by keeping the applicant in the custody. Hence I hold that
application deserves to be allowed and applicant is entitled to be
released on bail. Hence the following order is passed:
ORDER
1. Bail Application no. 797/2022 is hereby allowed.
2. Applicant/accused Akash Gurushankar Das be released in C.R.
No.30/2022 on executing P. R. Bond of Rs.30,000/- (Rs. Thirty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the ANC Ghatkopar Unit on every
Wednesday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
5.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
6. Applicant/accused shall not commit similar offence while on
bail.
7. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs.30,000/- for period of
-4-
eight weeks.
8. Accordingly, Bail Application no. 797/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 19.05.2022
Dictated on
Transcribed on
Signed on
: 19.05.2022
: 19.05.2022
: 19.05.2022
VP
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.05.2022
TIME
NAME OF STENOGRAPHER
12.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
19.05.2022
Judgment/order uploaded on
20.05.2022
19.05.2022