IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 936 OF 2022
IN
C.R. No.69/2022
Jujer Abbas Nalwala
Age : 57 yrs., Occu. : Nil
R/o : Rm No. 160,
Bldg No. 169,
Panchasheel Niwas,
4th floor, 5th lane,
Kamathipura, Nagpada, Mumbai-08.
…Applicant
V/s.
The State of Maharashtra
ANC Azad Maidan unit.
…Respondent
Appearance :Mr. Jitendra for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 10th May, 2022
ORDER
The present application for grant of bail has been filed by accused
Jujer Abbas Nalwala u/sec. 439 of Cr.P.C., who has been arrested by the
officers of respondent on 18/04/2022 for violation of the offences
punishable u/sec. 8(c) r/w 22(b) of NDPS Act, 1985 in C.R. No.
69/2022.
2.

It is the case of prosecution that on 18/04/2022, the Officers of
respondents were on patrolling duty. When they reached near Hotel
Alamgir, footpath, J. J. Marg, Mumbai they found applicant in
suspicious condition hence, Panchas were called and he was searched.
During search 5 bottles of Shivam Health Care Private Limited is
containing Chlorpheniramine Maleate and Codeine Phosphate Cough
Syrup. Same was seized under panchanama and applicant was placed
under arrest.
3.

The present applicant/accused has sought bail on the grounds
that he has been falsely implicated in the case. Each bottle is 100 ml.
Thus the quantity is non commercial quantity and rigors u/s 37 of NDPS
act are not attracted. The investigation vis-a-vis the applicant is over.
No use full purpose will be served by detaining the applicant in judicial
custody. Applicant is permanent resident of Mumbai. The accused is
ready to abide by all the terms and conditions imposed by this Court.
Therefore he prayed for releasing him on bail.
4.

Application is opposed by the respondent by filing say vide Exh.

2. It is submitted that 5 bottles of containing Codeine Phosphate Cough
Syrup have been seized from the possession of the applicant. Applicant
has ill legally possessed the bottles for purpose of sell. The offence is
punishable with imprisonment upto 10 years. The offence is serious.
The investigation is in progress. If applicant is granted bail, he may
abscond and may not be available for trial and he may commit similar
kind of offence. Hence, it is submitted that application be rejected.
5.

Perused application and say. Heard both sides.

6.

Perusal of record shows that while petrolling the officers of
respondent found applicant in suspicious condition hence, he was
apprehended and searched. During search 5 bottles of containing
Codeine Phosphate Cough Syrup was found in his possession which
were came to be seized under panchanama. Thus, it is reflected that 5
bottles of containing Codeine Phosphate Cough Syrup have been
recovered from the applicant. Admittedly, the quantity recovered from
the applicant is non-commercial quantity and hence stringent provisions
of Sec. 37 of NDPS Act would not apply.
7.

It is submitted on behalf of applicant that he is resident of
Mumbai and he is not likely to abscond and he will not tamper with the
prosecution evidence. Further more, applicant is ready to abide by any
conditions imposed by the Court. There are no criminal antecedents to
the dis-credit of the applicant. Recovery has been completed and
nothing is remained to be recovered. No purpose would serve by
keeping the applicant behind the bars. Hence I hold that application
deserves to be allowed and applicant is entitled to be released on bail.
Hence the following order :
ORDER
1. Bail Application no. 936/2022 is hereby allowed.
2. Applicant/accused Jujer Abbas Nalwala be released in C.R. No.
69/2022 on executing P. R. Bond of Rs. 20,000/- (Rs. Twenty Thousand
only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Office of ANC Azad Maidan Unit on
every Monday 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 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.20,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 936/2022 is disposed off.

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

Date : 10/05/2022
Dictated on
Transcribed on
Signed on
: 10.05.2022
: 10.05.2022
: 10.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
12.05.2022
TIME
NAME OF STENOGRAPHER
03.10 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
10.05.2022
Judgment/order uploaded on
12.05.2022
10.05.2022