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BA.No.1887/2022
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRIMINAL BAIL APPLICATION NO. 1887 OF 2022
IN
C.R. No. 935 of 2022
Dasharath Machindra Shinde
Age-40 years,
R/at-424, K.K. Ganguli Marg, Indira
Nagar Block, Santacruz (W), Mumbai.
(At present in judicial custody at
Mumbai Central Jail, Mumbai.)

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(CR.No.935/2022 registered with
Santacruz Police Station, Mumbai.)

.. Respondent.

Appearance :Mr. Kiran Gogavale, Advocate for applicant/accused.
Mr. B.G. Rajput, APP for State/Respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 6th August, 2022.
ORDER
This is an application moved by applicant/accused Dasharath
Machindra Shinde for grant of bail under Section 439 of Cr.P.C. who
was arrested on 29.07.2022 by the officers of respondent for the
violation of provisions under Section 8(c) read with Section 20(b) of
NDPS Act.
2.

It is a case of the prosecution that on 28.07.2022 the officers of
the respondent proceeded on patrolling duty. While performing
patrolling duty at about 16.15 hours they reached at footpath in front
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of IIFL Building, Chaupati galli, Santacruz (W), Mumbai. They noticed
one person i.e. applicant in suspicious condition. He was about to run
by seeing the police squad. Hence, he was apprehended. Then two
panch witnesses were called and search of blue colour plastic bag
possessed by the applicant was taken, wherein 2kg 324grams of Ganja
was found and same was seized under panchanama by following
necessary procedure and the applicant was placed under arrest.
3.

The applicant has sought bail on the ground that he is falsely
implicated in the present case. Applicant is allegedly apprehended with
2 kgs 324 gms. of Ganja and said quantity comes under intermediate
quantity.

Hence, Section 37 of NDPS Act is not applicable.

The
applicant is permanent resident of Mumbai. The applicant is ready to
abide by all the conditions, which will be imposed by the Court.
Hence, he prayed for releasing him on bail.
4.

The application is opposed by the respondent by filing say. It is
submitted that the officers of the respondent while on patrolling duty
found present applicant in suspicion condition. Hence, he was
apprehended. The search of blue colour plastic bag possessed by the
applicant was taken which resulted in recovery of 2 kgs. 324 gms. of
ganja.

During investigation, the applicant has not co-operated the
investigating agency and he has not stated from where he procured the
said contraband. The applicant is habitual offender and there are 7
cases registered against him, out of which 5 are under the provisions of
IPC and 2 are under the provisions of NDPS Act. Further, preventive
actions were also taken against the applicant under Section 110 of
Cr.P.C and under Section 153(3) of Cr.P.C. and applicant was also
externed as per Section 56 of Mumbai Police Act in the year 2018.

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Thus, the applicant is having criminal background and he is indulging
in illegal activities. If he is granted bail he may indulge in such
activities and may abscond and may not be available for trial. Hence,
may be rejected.
5.

Perused the application and say filed by respondent. Heard both
the sides.
6.

On perusal of record, it reveals that the officers of the respondent
while performing patrolling duty apprehended the present applicant
with 2 kgs 324 gms. of ganja which came to be seized under
panchanama. Now, so far as the quantity of contraband is concerned,
admittedly it is non-commercial quantity as per schedule given under
Act and rigors under Section 37 of NDPS Act are not attracted.
7.

The prosecution opposed the application mainly on the ground
that applicant has criminal antecedents. There are 5 cases registered
against him under the provisions of IPC and 2 cases are registered
under NDPS Act. The crime number of the said cases is mentioned in
the reply filed by the respondent. It is also contention of the respondent
that preventive actions were also taken against the applicant under
Section 110 of Cr.P.C. and Section 151(3) of Cr.P.C. and he was also
externed in the year 2018. According to the prosecution the applicant
is likely to commit similar offence, if he is released on bail.
8.

As against this it is submitted on the behalf of the applicant that
he has not committed any offence. Though few cases are registered
against him, he cannot be termed as habitual offender and on this
ground the bail cannot be denied to the accused.

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9.

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It is not disputed by the learned APP during course of argument
that applicant is not convicted for any offence.

Therefore, in such
circumstance, the applicant cannot be termed as habitual offender and
bail cannot be denied on the ground of pendency of few cases against
applicant, if otherwise he is entitled to grant of bail.
10.

As stated above, the quantity of contraband seized from the
applicant falls under non commercial quantity and bar under Section
37 of NDPS Act is not applicable. It is submitted that the applicant is
permanent resident of Mumbai. He is ready to abide by any terms and
conditions imposed by the Court. Recovery is already completed and
nothing is remained to be recovered from the applicant. No purpose
will serve by keeping applicant behind bar. Hence, I hold that the
application deserves to be allowed. In the result, I proceed to pass
following order.
Order
1. Bail Application No.1887 of 2022 is hereby allowed.
2. Applicant/Accused Dasharath Machindra Shinde, be released in
C.R.No.935 of 2022 on executing P. R. Bond of Rs.20,000/- (Rupees
Twenty Thousand only) with one or more sureties in the like
amount.
3. Applicant/Accused to attend Santacruz Police Station, Mumbai on
every Wednesday 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 the executing the Bail Bond.

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BA.No.1887/2022
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. Accordingly, Bail Application No.1887 of 2022 stands disposed of.

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

Date : 06.08.2022
Dictated on
: 06.08.2022
Transcribed on : 10.08.2022
Signed on
: 10.08.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF TYPIST
10.8.2022
2.30 p.m.

Mrs. P. S. NAIK
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
06.08.2022
Judgment/order uploaded on
10.8.2022
10.8.2022