BA 972/2024
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IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLN. NO. 972/2024
IN
C. R. NO.70/2024
Laban Kumar Sabulan Edla
Age : 29 years
R/o : Kamulasing, Gajapati,
Odisha 761213.
V/s.
State of Maharashtra
(DCB CID Unit-6)
… Applicant/accused
… Respondent
Appearance :Ms. Neetu Singh, Adv. for applicant/accused.
Mr Shankar Erande, APP for State/respondent.
CORAM : THE SPECIAL JUDGE
C. S. Datir (C.R.44)
DATE :
19.12.2024
ORDER
The applicant/accused Laban Kumar Sabulan Edla has filed
the instant application under Section 483 of BNSS, 2023 for grant of
regular bail in connection with C. R. No. 70/2024 registered under
Sections 8(c), 20(b)(ii), (c), 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 with DCB CID Unit, Mumbai.
2.

According to applicant/accused, he is innocent and has
been falsely implicated. He has been arrested on 26.10.2024 and since
then, he is in custody. Contraband has been already recovered by the
investigating machinery. The contraband allegedly seized from him is
weighing 2 kgs. 110 gms., which falls under non-commercial quantity,
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therefore, rigors u/sec. 37 of the Act is not attracted. Applicant is young
and only bread earner in his family. If he is released on bail, he will not
hamper or tamper to the witness till the conclusion of the trial and will
co-operate with the investigating agency. Hence prays, for releasing
him on bail.
3.

As against, Ld. APP and IO have filed say, saying that, on
25.10.2024 when the officers of respondent were on patrolling duty in
the area of Lokmanya Tilak Terminals area, they noticed two persons
roaming in suspicious manner. They were having travelling bag in their
hands. After necessary compliance, it was searched and found 24 kgs.
500 gms. Ganja in their possession. It was seized under panchanama.
It is a non-commercial quantity. There is recket behind it. In the
circumstances, it would not beproper to release him on bail.
4.

Heard arguments. Perused the record.

5.

There are three accused. It appears, the investigating
officer found 21 kgs. 100 gms. Ganja with accused no.1. Thereafter, 2
kgs. 110 gms. Ganja recovered from accused no.2 i.e. present applicant
and 1 kg. 290 gms. Ganja recovered from accused no.3. Total 24 kgs.
500 gms. Ganja was recovered from all the accused. So far present
applicant is concerned, IO has seized 2 kgs. 110 gms. Ganja, which is
admittedly non-commercial quantity. Therefore, rigors of sec. 37 would
not attract.
6.

It further appears, there are no criminal antecedents. Mere
all accused found together, that would not be a ground to say that,
there is conspiracy between them. To support his contention, Ld.
Advocate relied on bail order of Akash Jariwala vs. The State of
Maharashtra in B.A. no.3032/2019.

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Considering the ratio, I am of view that, it cannot be said
that, applicant was found with commercial quantity. Now, charge-sheet
is filed and investigation is over. Hence, accused needs to be enlarged
on bail. One thing cannot be ignored that, applicant is from Odisha
State, therefore, heavy surety needs to be obtained. Hence, following
order.
ORDER
1.

Bail Application No. 972/2024 is hereby allowed.

2. The applicant/accused Laban Kumar Sabulan Edla arrested in C. R.
No. 70/2024, shall be released on bail upon executing PB and SB of
Rs. 1,00,000/- (Rs. One Lakh Only) with one solvent surety of the like
amount.
3.

He shall not tamper with the evidence of the proseuction. He shall
not influence the informant, witnesses or any other person concerned
with the case.

Digitally signed
by
CHANDRAKANT CHANDRAKANT
SAVALERAM
SAVALERAM
DATIR
DATIR
Date: 2024.12.20
15:13:40 +0530
Date : 19.12.2024
Dictated on
Transcribed on
Checked on
Signed on
(C. S. DATIR)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 19.12.2024
: 19.12.2024
: 19.12.2024
: 19.12.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.12.2024
TIME
NAME OF STENOGRAPHER
03.10 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri C. S. Datir
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
19.12.2024
19.12.2024
20.12.2024
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