IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 849 OF 2022
IN
C. R. No. 37/2022
Bimal Rajkumar Paswan
Age : 21 yrs.,
R/o : Pali Pathar Chawl,
Near Hira Supermarket,
Dr. Ambedkar Road,
Bandra (W), Mumbai.
…Applicant/Accused
V/s.
The State of Maharashtra
ANC, Bandra Unit.
…Respondent
Appearance :Mr. Pasbola with Mrs. Sharma, Advs. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 30th April, 2022
ORDER
The present application for grant of bail has been filed by accused
Bimal Rajkumar Paswan u/sec. 439 of Cr.P.C., who has been arrested by
the officers of respondent on 6.4.2022 for violation of offences
punishable u/sec. 8(c) r/w 20(B) of NDPS Act, 1985 in C.R. No.
37/2022.
2.

It is the case of prosecution that on 06.04.2022 at about 12.30
p.m., officers of ANC Bandra unit left for patrolling along with
necessary material required for seizure. Upon reaching Vishal Mandir
Co-op. Housing Society, flat no.350, Guru Ganeshwar Marg, Khar (W),
Mumbai, the team spotted a suspicious looking man. Hence they went
towards him. While seeing the police officers, the said person tried to
run away but officers apprehended him. Panchas were called and his
search was taken. During search, accused was found in possession of
white plastic bag containing 135 gms. of Charas in it. Said contraband
was seized under panchanama. FIR came to be registered against the
applicant.
3.

The present applicant/accused has sought bail on the grounds
that he has been falsely implicated in the case and he has nothing to do
with the same. Applicant had taken the plastic bag on the instructions
of his friend, Mr. Arvind Kumar, who was the applicant’s friend and was
dealing in contraband. The applicant had no knowledge about the
contents of the bag. The quantity recovered from the applicant is of
intermediate quantity and therefore bar u/sec. 37 of NDPS Act is not
attracted. Applicant is a permanent resident of Mumbai and undertakes
to abide by any terms and condition as this Court may deem fit. Hence
he prayed for releasing him on bail.
4.

Application is opposed by the respondent by filing say vide Exh.2.

It is submitted that applicant/accused was apprehended with 135 gms.
of Charas. The applicant has not given any incriminating information
about co-accused. Applicant has no permanent place of residence in
Mumbai and therefore if he is released on bail, he is likely to abscond
and may not be available for trial. Hence application be rejected.
5.

Perused application and say. Heard both sides.

6.

It is submitted on behalf of applicant that 135 gms. of Charas is
recovered at the instance of applicant. Said quantity is intermediate
quantity and bar of Sec. 37 of NDPS Act is not applicable. The present
applicant has no criminal antecedents. As against this, it is submitted
by Ld. APP that the recovery made from the applicant/accused falls
under category of intermediate quantity and offence is punishable upto
10 years. Hence bail application be rejected.
7.

Now, upon inspection of documents, it is revealed that when
officers of ANC Bandra unit
were on patrolling
duty,
they found
applicant in suspicious condition and during his search, they recovered
white plastic bag containing 135 gms. of Charas from his possession.
Said contraband was seized under panchanama.
8.

Now, as per case of the prosecution applicant was apprehended
with 135 gms. of Charas which is intermediate quantity and therefore,
stringent provisions of Sec. 37 of NDPS Act would not apply. Recovery
is completed and noting is
remained to be recovered.

Further as
submitted on behalf of applicant, he has no criminal antecedents. He is
ready to abide by all the terms and conditions imposed by the Court. So
far as apprehension of prosecution regarding absconding and
tampering
with evidence is concerned, it can be taken care of by
imposing stringent conditions. Hence I hold that applicant is entitled to
be released on bail. Hence I proceed to pass following order :
ORDER
1. Bail Application no. 849/2022 is hereby allowed.
2. Applicant/accused Bimal Rajkumar Paswan be released in C.R. No.
37/2022 on executing P. R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend office of ANC, Bandra Unit on every
Wednesday between 1.00 p.m. to 4.00 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.25,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 849/2022 is disposed off.

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

Date : 30.04.2022
Dictated on
Transcribed on
Signed on
: 30.04.2022
: 30.04.2022
: 30.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
02.05.2022
TIME
NAME OF STENOGRAPHER
11.15 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
Judgment/order uploaded on
30.04.2022
30.04.2022
02.05.2022