IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 828 OF 2022
IN
C. R. NO. 36 OF 2022
Jayesh Shyamnarayan Shukla
Age : 26 yrs.,
R/o : Room No.2,
Shukla Niwas, Mhatre Wadi,
Ganesh Nagar, Rawalapada,
Dahisar (E), Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC, Kandivali Unit.
…Respondent
Appearance :Mr. Jitendra S., Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 28th April, 2022
ORDER
The applicant/accused Jayesh Shyamnarayan Shukla has
moved present application for bail u/sec. 439 of Cr.P.C., who was
arrested on 5.4.2022 by officers of ANC, Kandivali Unit for
offence punishable u/sec. 8(c) r/w 22(b) of NDPS Act, 1985.
2.

It is the case of the prosecution that on 5.4.2022
the
officers of ANC, Kandivali Unit whilst on the patrolling duty at
around 20.05 hrs. at Ganesh Nagar Skywalk, Mhatre wadi,
Ganesh Nagar, Dahisar, Mumbai, they found present applicant in
suspicious condition. Thereafter, panchas were called and his
search was undertaken, wherein 13.5 gms. of MD was found.
Said contraband came to be seized under panchanama and FIR
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came to be registered against applicant/accused.
3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated and is being victimized in the present case.
Quantity of contraband MD recovered from the possession of the
present applicant is 13.5 gms., which falls under category of
intermediate quantity and bar under sec. 37 of NDPS Act is not
attracted. The applicant is permanent resident of Mumbai and is not
likely to abscond. He is ready to abide by any condition imposed by the
Court. Hence he prayed for releasing him on bail.
4.

Application is opposed by filing say by respondent through APP
on the grounds that 13.5 gms. MD is recovered from the possession of
applicant and investigation as to from where he bought the contraband
is going on. If applicant is granted bail, he may commit similar offence
and may abscond and may not be available for trial. Hence,
application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that on 5.4.2022 the officers of respondent were performing
patrolling duty. While performing patrolling duty, they found applicant/
accused in suspicious condition, hence he was apprehended and was
brought to the office of Kandivali Unit and his search was taken.
During search, 5 zip lock plastic pouches containing MD was found in
his pant pocket, the weight of which was 13.5 gms. of MD. Same was
seized under
panchanama
by following necessary procedure and
applicant was placed under arrest.
6.

Now admittedly, the quantity of seized contraband is 13.5 gms.

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of MD which falls under category of intermediate quantity and rigors of
Sec. 37 of NDPS Act are not attracted.

Prosecution opposed the
application on the ground that investigation is in progress and if
applicant is granted bail, he may commit similar offence and he may
abscond.
7.

As discussed above, the alleged quantity of seized contraband is
13.5 gms. of MD which falls under category of intermediate quantity
and rigors of Sec. 37 of NDPS Act are not attracted. Now, recovery is
completed and nothing is remained to be recovered. No purpose would
serve by keeping the applicant behind the bars. Further more, as
submitted by the applicant, he is permanent resident of Mumbai and he
is not likely to abscond and he is ready to abide by any condition
imposed by the Court. So far as apprehension of prosecution regarding
commission of offence by applicant and his absconding is concerned,
that can be taken care of by imposing necessary conditions. Hence I
hold that applicant is entitled to grant of bail. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 828/2022 is hereby allowed.
2. Applicant/accused Jayesh Shyamnarayan Shukla be released in C.R.
no. 36/2022 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 office of ANC, Kadivali Unit on every
Friday 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.

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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, B.A. No. 828/2022 is disposed of.

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

Date : 28.04.2022
Dictated on
Transcribed on
Signed on
: 28.04.2022
: 28.04.2022
: 28.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
29.04.2022
TIME
NAME OF STENOGRAPHER
11.00 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
28.04.2022
Judgment/order uploaded on
29.04.2022
28.04.2022