IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 830 OF 2022
IN
C. R. NO. 33 OF 2022
Avinash Sopanrao Gaikwad
Age : 30 yrs., Occu. : Labour
R/o : G. M. Office, Backside of
Footpath Zopadi, Vithadas
Thakkarsibai Marg,
Nr. Ahilyabai Holkar Chowk,
Churchgate, Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC, Azad Maidan unit
…Respondent
Appearance :Mr. Jitendra S. Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 26th April, 2022
ORDER
The applicant/accused Avinash Sopanrao Gaikwad has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
04.04.2022 by officers of ANC, Azad Maidan Unit in C.R. No. 33/2022
for offence punishable u/sec. 8(c) r/w 20(b) of NDPS Act, 1985.
2.

As per case of the prosecution, on 04.04.2022 while the police
personnel of the respondent were on patrolling duty at around 16.35
hrs. at footpath behind GM Office, New Marine Lines, Mumbai, they
found present applicant/accused in suspicious
condition.

He was
intercepted and search was taken. He was found in possession of
4
kgs. 300 gms. of Ganja. Said contraband came to be seized under
panchanama by following necessary procedure and applicant was
placed under arrest.

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3.

The present applicant/accused has sought bail on the grounds
that he is innocent and falsely implicated in this case. The contraband
allegedly recovered from applicant falls under non-commercial quantity.
Hence rigors of Sec. 37 of NDPS Act are not applicable. There is no
likelihood of the trial to proceed in near future and thus no purpose will
be served by further detaining the applicant in custody. He undertakes
to attend the Court regularly. Hence he prayed for releasing him on
bail.
4.

Application is opposed by respondent by filing say. It is contended
that during search, accused was found in possession of 4 kgs. 300 gms.
Ganja, which has been seized under panchanama. Applicant has not
supported investigating agency. If accused is released on bail he may not
be available for trial and he may indulge in same kind of offence. Hence
application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that whilst on patrolling duty, officers of ANC, Azad Maidan Unit
apprehended accused with possession of 4 kgs. 300 gms. Ganja, which
came to be seized under panchanama. Now, the quantity of contraband
recovered from the applicant is intermediate quatnity and not
commercial quantity. Hence stringent provisions of Sec. 37 of NDPS
Act are not applicable.
6.

Prosecution opposed the application on the ground that
investigation is in progress and charge-sheet is yet to be filed against
accused. However, this is not ground to deny the bail. Already recovery
is completed and nothing is remained to be recovered. Further
applicant has no criminal antecedents.
7.

Further, applicant is ready to abide by any conditions imposed by
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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. Bail Application no. 830/2022 is hereby allowed.
2. Applicant/accused Avinash Sopanrao Gaikwad be released in C.R.
No. 33/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the office of ANC, Azad Maidan unit on
every Monday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his 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 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 eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs. 20,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 830/2022 is disposed off.

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

Date : 26.04.2022
Dictated on
Transcribed on
Signed on
: 26.04.2022
: 26.04.2022
: 26.04.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
29.04.2022
TIME
NAME OF STENOGRAPHER
11.00 a.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
26.04.2022
Judgment/order uploaded on
29.04.2022
26.04.2022