IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 786 OF 2022
IN
C. R. NO. 348 OF 2022
Habib Arif Mithaiwala
Age : 24 yrs.,
R/o : 15/1, Bapu House,
Behind Abdul Shah Darga,
Durga Street, Mahim (W),
Mumbai.
…Applicant
V/s.
The State of Maharashtra
Bandra Police Station
…Respondent
Appearance :Ms. Achari, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 19th April, 2022
ORDER
The applicant/accused Habib Arif Mithaiwala has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
30.03.2022 by Bandra police Station in C.R. No.348/2022 for offences
punishable u/sec. 8(c) r/w 20 (b) of NDPS Act.
2.

As per the case of the prosecution on 29.03.2022, a team of
Bandra police Station was on patrolling duty at around 21.40 hours
near Mahendra Kapoor Chowk, where they found applicant selling
Ganja. Hence officers apprehended the applicant. On search, he was
found in possession of 239 gms. of Ganja. Said contraband came to be
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seized under panchanama by following necessary procedure and
applicant was placed under arrest.
3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated in this case and he has no connection with
the alleged contraband. The contraband allegedly recovered from him
comes under small quantity. Hence Sec. 37 of NDPS Act is not
applicable to the applicant. The applicant has deep roots in the Society
and he is ready to abide by conditions, if this Court releases him on bail.
Hence he prayed for releasing him on bail.
4.

Application is opposed by filing say by respondent. It is contended
that accused has not co-operated investigating agency
and
the
investigation as to from where applicant has brought Ganja and to
whom he was going to sell is pending. If applicant is granted bail, he
may indulge in similar kind of offence. Hence application be rejected.
5.

Perused application and say. Heard both sides. It is submitted on
behalf of applicant that the alleged recovery of 239 gms. of Ganja made
from the applicant falls under small quantity. Hence Sec. 37 of the Act
is not applicable. Hence prayed for allowing the application. As against
this, it is submitted by Ld. APP that applicant was possessing the
contraband for the purpose of sale. Investigation in this case is in
progress. Hence prayed for rejecting the application.
6.

Perusal of record reveals that on 29.03.2022, a team of Bandra
police Station was on patrolling duty in their jurisdiction, where they
found that present applicant was selling Ganja. Hence officers
apprehended him. On search, he was found in possession of 239 gms. of
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Ganja. Now, the quantity of contraband recovered from the applicant is
small quantity and punishment prescribed to the said offence is upto
one year. Hence stringent provisions of Sec. 37 of NDPS Act are not
applicable.
7.

Prosecution opposed the application on the ground that
investigation is in progress. However, this is not ground to deny the bail.
Already
recovery is completed and nothing is remained to be
recovered.
8.

Further more, applicant has a permanent address in the Mumbai
and he is not likely to abscond. Further, applicant is ready to abide by
any conditions imposed by 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 the following order is passed:
ORDER
1. Bail Application no. 786/2022 is hereby allowed.
2. Applicant/accused Habib Arif Mithaiwala be released in C.R. No.
348/2022 on executing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand
only) with one surety in the like amount.
3. Applicant/accused to attend the Bandra Police Station on every
Wednesday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
5.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.

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6. Applicant/accused shall not commit similar offence while on
bail.
7. 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. 15,000/- for period of
eight weeks.
8. Accordingly, Bail Application no. 786/2022 is disposed off.

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

Date : 19.04.2022
Dictated on
Transcribed on
Signed on
: 19.04.2022
: 19.04.2022
: 19.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
25.04.2022
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
19.04.2022
Judgment/order uploaded on
25.04.2022
19.04.2022