BA No.111/2022
..1..

in Spl. LAC No.647/21
MHCC020005732022
Presented on
Registered on
Decided on
Duration
: 15-01-2022
: 15-01-2022
: 04-02-2022
: 0 months, 20 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.111 OF 2022
IN
SPECIAL LAC NO.647 OF 2021
1. Arvind Manohar Vaity
2. Rushikesh Sharad Minde
)
)
.. Applicant
/Accused Nos.1 & 2
V/s.
The State of Maharashtra,
( At instance of Malwani Police Station,
Mumbai Spl. LAC No.647/2021 )
)
)
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Khwaja Shaikh, for the applicant/accused.
Ld. APP Mr. P.J. Tarange for the respondent/prosecution.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI D. B. MANE (C.R.NO.43)
DATE
: 04/02/2022
ORAL ORDER
The applicant/accused No.1 Arvind Manohar Vaity and
accused No.2 Rushikesh Sharad Minde have filed this application under
BA No.111/2022
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in Spl. LAC No.647/21
section 439 of Cr.P.C., to enlarge them on bail in Special LAC
No.647/2021 registered by Malwani police station for the offence under
section 8(c) punishable under section 20 and 29 of the Narcotic Drugs
and Psychotropic Substance Act, 1985 (hereinafter referred to as “NDPS
Act”).
2.

It is case of the prosecution that, on 29.12.2021 the
informant Sachin Valatkar police constable and other police staff were
patrolling in Malwani Church area, Marve Road, Malad, in search of
some wanted and absconding accused in crimes registered in their
police station. At or about 11.30 am they reached at the last huts of the
cremation ground road, Sai Krupa Nagar, Posari Talav, Chikuwadi,
Marve Road, Malwani Church, Malada (West), Mumbai. They noticed
that two persons are concealing their presence behind tree and they are
carrying black coloured bag containing some substance. Hence, they
intercepted those two persons. They tried to ran away but the informant
and other police staff caught them. Thereafter, by following the
procedure laid down under the NDPS Act, they took the personal search
of said two persons in presence of panchas and recovered contraband
Ganja 410 gram from the applicant/accused No.1 and 300 gram Ganja
from applicant/accused No.2. The sample from the said contraband
was drawn and it was seized. Then both the accused were put under
arrest on 29.12.2021 at or about 18.20 hours.
It is further contended that, the applicants are innocent
they have been falsely implicated in this crime. The seized quantity is
less than the small quantity. They are ready to abide the conditions
which would be imposed by this Court while enlarging them on bail.
Hence, this application.

BA No.111/2022
3.

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in Spl. LAC No.647/21
The Investigating Officer and Ld. APP filed detail reply
contending that, while the informant and other police staff were
patrolling in the vicinity of Malwani Church, at that time the applicants
were noticed in suspicious manner concealing their presence behind
tree. Hence, they were intercepted and after following the procedure
laid down under the NDPS Act their personal search was taken in
presence of panchas upon appraisal of their right under section 50 of
the NDPS Act and contraband Ganja 410 gram and 300 gram was
recovered from the accused Nos.1 and 2 respectively. Thereafter, crime
has been registered against both the accused they have been arrested.
It is
further contended that, during the custodial
interrogation the applicants did not give any information from whom
the said contraband was brought by them and to whom they had to sell
it.

If the applicants are enlarged on bail then the possibility of
committing such type of offences cannot be ruled out. Hence, prayed
for rejection of the bail application.
4.

Heard Ld. Advocate appearing for the applicant/accused
and Ld. APP appearing for the prosecution.
5.

The crime has been registered against both the applicants
for an offence under section 8(c) punishable under section 20 and 29 of
the NDPS Act. Admittedly, the quantity which has been seized from the
possession of the applicants is 410 gram and 300 grams Ganja
respectively. The total quantity of the Ganja recovered from both the
applicants is 710 gram. It is less than the small quantity.
6.

It is contended that, the applicants have no criminal
antecedents. It is not the case of the prosecution that, the applicants
BA No.111/2022
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in Spl. LAC No.647/21
have criminal antecedents. In such circumstances it is not proper to
keep them behind bars for indefinite period. The applicants/accused
deserves to be enlarged on bail subject to conditions for securing their
presence before Investigating Officers and cooperation in the
investigation. Hence, I proceed to pass following order:ORDER
1. Criminal
Bail
Application
No.111/2022
in
Special
L.A.C.

No.647/2021, is hereby allowed.
2. Applicant/accused No.1 Arvind Manohar Vaity and accused No.2
Rushikesh Sharad Minde, be released in Spl. L.A.C. No.647/2021 on
executing P. R. Bond of Rs.35,000/- each (Each Rs. Thirty Five
Thousand only) with one or more sureties in the like amount
subject to following conditions.
3. Applicants/accused shall give attendance at Malwani Police Station
on 1st Monday of each month between 11.00 a.m. to 2.00 p.m. till
filing of the charge-sheet.
4. Applicants/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case.
5. Applicants/accused and their sureties shall provide their respective
mobile numbers and correct address of residence alongwith the names of
two blood relatives with their mobile numbers and addresses.
6. Applicants/accused shall produce the proof of their identity and
proof of residence at the time of the executing the Bail Bonds.

BA No.111/2022
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in Spl. LAC No.647/21
7. The applicants/accused shall give intimation in writing to
Investigating Officer and this Court as and whenever they changes
their residential/ temporary address.
8.

Applicants/accused shall not leave India without prior permission of the
Court.

9.

Applicants/accused shall not commit similar offence while on bail.

10. Breach of any of the conditions of this order shall be a ground for
their cancellation.
Application stands disposed off accordingly.
(Pronounced in open Court)
Mumbai:
Date: 04/02/2022
Dictated on
: 04/02/2022
Transcribed on : 04/02/2022
Signed on
: 04/02/2022
(D. B. MANE)
Special Judge (NDPS)
Court Room No.43, Gr. Bombay.

BA No.111/2022
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in Spl. LAC No.647/21
“Certified to be true and correct copy of the original signed order”.
05/02/2022
at about 04.30 p.m.

(Mr. Sanjay Baliram Kaskar)
Stenographer (Grade-I.)
Court Room No.43, Gr. Mumbai
Name of the Hon’ble Judge
:
SHRI D. B. MANE,
Special Judge (NDPS)
Court Room No.43, Gr. Mumbai
Date of pronouncement of Order
:
04/02/2022
Order signed by Hon’ble Judge on
:
04/02/2022
Order uploaded on
:
05/02/2022
at about 04.30 p.m.