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IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 835 OF 2022
IN
C. R. NO. 564 OF 2022
Ashok Moti Singh @ Chinah
Age : 44 years,
Add: Bhandu Wadare Chawl,
Nr. Fish Market,
Udya Nagar Junction,
Sakinaka Road,
Mumbai – 400 072.
…Applicant
V/s.
The State of Maharashtra
(Sakinaka P. Stn.)

…Respondent
Appearance :Mr. Chogule, Ld. Adv. for applicant.
Mr. Rajput, Ld. APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 06th May, 2022.
ORDER
1.

This is an application filed by the applicant – Ashok Moti Singh @
Chinah for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who has been arrested by the officers of Sakinaka
Police Station on 02.04.2022 for offence u/sec. 8(c) r/w 20(b)(ii) of
NDPS Act.
2.

The case of prosecution in brief is that :
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On 02.04.2022 the officers of Sakinaka Police Station while
performing patrolling duty spotted one unknown suspect person i.e.
applicant at
Udyan Nagar Fish Market, Saki Vihar Road, Sakinaka,
Mumbai – 400 072 near Bajla Bhiti and was carrying a black bag.
Hence he was intercepted and searched. During search he was found
in possession of 1265 gms. of Ganja. Same was seized under
panchanama and applicant was placed under arrest.
3.

The applicant has approached this Court seeking the bail on the
grounds that he is falsely implicated in this case. The alleged recovery
of 1265 gms. of Ganja falls under non-commercial quantity and slightly
above the small quantity. The applicant is the sole bread earner in the
family. The applicant will not tamper with prosecution witness if
released on bail. The applicant is ready to abide by all the terms and
conditions and is ready to attend the trial. Hence, he prayed for grant
of bail.
4.

The application is strongly opposed by the respondent/State
mainly on the grounds that investigation is in progress. Applicant is
habitual offender and there are 10 serious case registered against the
applicant under provisions of IP, Arms Act and Bombay Police Act. If
applicant is granted bail, he may commit similar kind of offence and
he may abscond and may not be available for trial. Hence prayed for
rejecting the application for bail.
5.

Perused application and say. Heard Ld. Advocate for the applicant
as well as Ld. APP for State.

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6.

Perusal of record reveals that whilst on patrolling duty, officers of
Sakinaka Police Station apprehended applicant/accused with possession
of 1265 gms. of Ganja, which came to be seized under panchanama.
Now, the quantity of contraband recovered from the applicant is noncommercial quantity. Hence stringent provisions of Sec. 37 of NDPS Act
are not applicable.
7.

Prosecution opposed the application on the ground that applicant
is habitual offender and there are 10 cases under IPC, Arms Act and
Bombay Police Act registered against the applicant and if he is granted
bail, he may commit similar offence.

However,
it is submitted on
behalf of applicant that he is not convicted for any offence. This fact is
not disputed by Ld. APP during course of argument. Hence I am of the
opinion that applicant cannot be denied bail merely because some cases
are registered against him, if otherwise he is entitled to be released on
bail.
8.

As stated above, the quantity of Ganja seized from the applicant
falls under non-commercial quantity and rigors of Sec. 37 of NDPS Act
are not applicable. Now, already recovery is completed and nothing is
remained to be recovered. Further more, applicant has a permanent
address in the Mumbai and he is not likely to abscond. Further,
applicant is ready to abide by any condition imposed by the Court. 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 I proceed to pass following order :
ORDER
1. B. A. No. 835/2022 is hereby allowed.

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2. Applicant/accused Ashok Moti Singh @ Chinah be released in C.R.
No.564/2022 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 Sakinaka Police Station on every
Monday in between 11.00 a.m. to 2.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his surety/sureties shall provide their
respective mobile numbers and correct address of residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of the executing the bail bond.
6.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of four weeks. Hence, permission
granted to furnish provisional cash bail of Rs. 30,000/- for period of
four weeks.
9. Accordingly, Bail Application No. 835/2022 is disposed off.
(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date :06.05.2022.
Dictated on
Transcribed on
Signed on
: 06.05.2022.
: 06.05.2022.
: 06.05.2022.

CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.05.2022
TIME
NAME OF STENOGRAPHER
5.30 p.m.

Mrs. S. W. Tuscano
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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
06.05.2022
Judgment/order uploaded on
06.05.2022
06.05.2022