BA 318.24
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MHCC020022552024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 318/2024
IN
C. R. NO. 124 OF 2024
Godwin Ndubuisi Jerome
Age : 34 years
R/o : Mira Road, Palghar.

… Applicant/accused
V/s.
The State of Maharashtra
(Vakola Police Station )
… Respondent
Appearance :Mr. Gorakh Liman, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
06.03.2024
ORDER
The applicant Godwin Ndubuisi Jerome has filed the
instant application under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in connection with Crime No.
124/2024 registered under Sections 8(c) r/w 21(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 with the Vakola Police
Station, Mumbai.

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2.

2
In short, according to the applicant he has not committed
any crime and that he has been falsely implicated in this case. The
quantity allegedly recovered from the applicant is 5 gms. of Cocaine,
which is a non-commercial quantity. Therefore, rigors u/sec. 37 of the
Act would not be applicable to the facts of the case. Custodial
interrogation of the applicant is not necessary. Material investigation is
already over. Therefore, the bail application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 31.01.2024,
while the police officials of Vakola Police Station were on petrolling
duty in the vicinity of Vakola Police Station. When they reached near
BMC Garden, Western Express Highway, they noticed applicant in
suspicious movements. He was apprehended and search was conducted
by following necessary procedure, wherein he was found possessing 5
gms. of Cocaine. Said contraband was seized and applicant came to be
arrested and crime was registered. If the applicant is released on bail,
he may repeat the commission of crime and may abscond. The
investigation is yet to be completed. Therefore, the bail application may
be rejected.
4.

The learned counsel for the applicant submitted that the
applicant has not committed any crime. He has been falsely implicated
in the case. The applicant has clear antecedents. The applicant has a
permanent place of residence. The applicant is ready to abide by the
conditions of the bail bonds and furnish surety as directed by this Court.
Therefore, the applicant may be released on bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
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submitted that the applicant has committed a serious crime. If he is
released on bail, he may commit a similar offence while on bail. Since
the investigation is yet to be carried out, the application may be
rejected.
6.

Considering the submissions from both sides and the fact
that the quantity allegedly involved in this case is non-commercial
quantity.

The applicant has clear antecedents, I think it proper to
release the applicant on bail by imposing stringent conditions. Hence, I
proceed to pass the following order.
ORDER
1. Bail Application No. 318/2024 is hereby allowed.
2. The applicant/accused Godwin Ndubuisi Jerome, arrested in Crime
No. 124/2024, shall be released on bail upon executing a personal bond
of Rs. 60,000/- and one or two solvent sureties of the like amount, on
the following conditions:
a.

The applicant/accused is
directed to report to Vakola Police
Station every Sunday between 10.00 a.m. to 11.00 a.m., till filling of
the final report without fail.
b.

The applicant/accused is prohibited from leaving the jurisdiction
of Mumbai without explicit permission from the investigating officer or
the Court.
c.

The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
any evidence or documents related to the case.

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d.

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The applicant/accused must maintain a stable residence at his
current address in Mira Road, Palghar, and is required to inform the
court and the investigating officer of any change in his residential
address. The accused shall furnish his active mobile number to the
Investigating Officer and shall also immediately report any change in
his mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if
he do not possess any
passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
2.

Failure to adhere to any of these conditions will result in the
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immediate revocation of bail and may lead to further legal
consequences.
Date : 06.03.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 06.03.2024
: 18.03.2024
: 18.03.2024
: 18.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
19.03.2024
TIME
NAME OF STENOGRAPHER
11.55 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
07.03.2024
Judgment/order uploaded on
19.03.2024
18.03.2024