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IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 738 OF 2022
IN
C. R. NO. 87 OF 2022
Dinanath Radheshyam Mishra
@ Lankesh @ Jangal
Age : 43 years, Occu. : Nil
Add: National Highway no.8,
Ten Naka Mori Pada,
Thane – 401 403.
…Applicant
V/s.
The State of Maharashtra
(Shivaji Nagar P. Stn.)

…Respondent
Appearance :Mr. Meti, Adv. for applicant.
Mr. Rajput, Ld. APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 19th May, 2022.
ORDER
1.

This
is
an
application
filed
by
the
applicant
Dinanath
Radheshyam Mishra for grant of bail under Section 439 of Code of
Criminal Procedure, 1860, who has been arrested by the officers of
Shivaji Nagar Police Station on 23.3.2022 for offence u/sec. 8(c), r/w
20(b) & 29 of NDPS Act.

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2.

The case of prosecution in brief is that :
On 7.2.2022 the complainant and other officers of Shivaji Nagar
Police Station were on patrolling duty. At 23.30 hrs. one person named
as Murgan K. Mupnar was found in suspicious condition near Dr.
Babasaheb Ambedkar garden footpath, Ghatkopar, Mankhurd link road,
Shivaji Nagar, Govandi, Mumbai. Hence he was intercepted and
searched and he was found in possession of 1 kg. 600 gms. of Ganja.
Subsequently accused no.1 was arrested and produced before the Ld. M.
M. and ultimately remanded to judicial custody. During interrogation
accused no.1 revealed name of accused no.2-Dinesh Chavan, who was
arrested on 11.02.2022 and 108 kgs. 200 gms. of Ganja was seized at
his instance from different places. Accused no.2 disclosed name of one
Ajay Sing, Pawan Singh and Ashu Sharma. Subsequently, accused no.3
was arrested on 25.2.2022. Further on the statement made by accused
no.2 Pawan Ray @ Singh present applicant came to be arrested on
23.3.2022.
3.

The applicant has approached this Court seeking bail on the
grounds that he is falsely implicated in this case. The alleged recovery
made from the applicant is 1.5 kgs. of Ganja, which is non-commercial
quantity and hence rigors of sec. 37 of NDPS Act are not applicable.
Applicant is not having any nexus with other co-accused and
contraband recovered from them. The applicant is permanent resident
of Thana and he is not likely to abscond. 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.

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4.

The application is strongly opposed by the respondent/State
mainly on the ground that the respondent has seized huge quantity of
108 kgs. 200 gms. of Ganja from the
possession of accused no.2 –
Dinesh Chavan, who has stated in his statement that he was selling the
same with the help of accused Ajay and Pawan. Further on the
statement made by accused Pawan present applicant came to be
arrested. Investigation revealed that the applicant alongwith co-accused
indulged in business of drug trafficking. If applicant is granted bail, 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 at length.
6.

It is argued on behalf of applicant that from the police papers it
appears that name of present applicant is revealed by co-accused.
Apart from statement of co-accused, there is no evidence against
applicant. Statement of co-accused is in-admissible and it cannot be
relied upon. The alleged recovery from the applicant is 1.5 Kgs. of
Ganja which is slightly above the small quantity and bar of sec. 37 of
NDPS Act is not applicable.

Further more, co-accused are
already
granted bail. Hence present applicant be also released on bail on the
ground of parity.
7.

Per contra, it is argued by Ld. APP that since offence is in respect
of commercial quantity of Ganja, and since accused committed offence
in conspiracy with each other, Sec. 29 is applicable and rigors of Sec. 37
are applicable. Hence application be rejected.

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8.

Now, Thus, from the police papers, it can be gathered that 1.600
gms. of Ganja was recovered from accused no.1 and 108 kgs. 200 gms.
of Ganja was recovered from accused no.2. Further on revelation
made by accused no.2, accused no.3 & accused no.4 were arrested with
no recovery. Further on revelation made by accused no.3 – Pawan
present applicant came to be arrested with recovery of 1.5 Kgs. of
Ganja. Thus, prosecution is relying upon the statement of co-accused
for showing involvement of present applicant in the offence.
Admittedly, the recovery made from the applicant falls under category
of non-commercial quantity and
rigors of sec. 37 of the NDPS Act
would not attract. Though it is argued by Ld. APP that commercial
quantity of Ganja is involved in this case and sec. 29 of the Act would
apply, at this stage, there is no evidence showing that applicant along
with accused no.2 or any other accused
hatched conspiracy for
commission of offence. For invoking Sec. 29 of NDPS Act, there must
be some prima-facie material showing element of conspiracy. However,
same is not reflected in any of the police papers. Hence Sec. 29 of the
NDPS Act is not applicable. Therefore, rigors of Sec. 37 of NDPS Act are
not attracted to the case of the applicant.
9.

As stated above, the recovery made from the applicant is 1.5 kgs.

of Ganja which falls under non-commercial quantity and rigors u/sec.
37 of NDPS Act are not attracted. Further as submitted on behalf of
applicant, he is resident of Thana and he is not likely to abscond. He is
ready to abide by any conditions imposed
by this Court. Further
more, co-accused are already granted bail. Hence present applicant is
also entitled to grant of bail on the ground of parity. Hence I hold that
applicant is entitled to grant of bail. In the result I proceed to pass
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following order :
ORDER
1. B. A. No. 738/2022 is hereby allowed.
2. Applicant/accused Dinanath Radheshyam Mishra be released in C.R.
No.87/2022 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 Shivaji Nagar Police Station on
every Monday and Friday in between 11.00 a.m. to 2.00 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.
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. 30,000/- for period of
eight weeks.
9. Accordingly, Bail Application No. 738/2022 is disposed off.
(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 19.05.2022.
Dictated on
Transcribed on
Signed on
: 19.05.2022.
: 19.05.2022.
: 19.05.2022.

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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.05.2022
TIME
NAME OF STENOGRAPHER
12.30 p.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
19.05.2022
Judgment/order uploaded on
20.05.2022
19.05.2022