IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 754 OF 2022
IN
LAC/C. R. NO. 443 OF 2022
Lorence Samson Jorge
Age : 34 yrs.,
R/o : 174, Ambedkar Nagar,
Uday Nagar, Pipe Line Sakivihar Road,
Near Gol Building, Saki Naka,
Mumbai 400072.
V/s.

…Applicant
The State of Maharashtra
Sakinaka Police Station
…Respondent
Appearance :Mr. Shinde, 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 Lorence Samson Jorge has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
23.03.2022 by Sakinaka police Station in LAC/C.R. No.443/2022 for
offences punishable u/sec. 8(c) r/w 20 (b)(ii) of NDPS Act, 1985.
2.

As per the case of the prosecution on 23.03.2022, a team of
Sakinaka police Station was on patrolling duty at around 14.30 hours.
They found on person in a suspicious manner besides Ganesh Sweets,
Mohini
Village
Pipeline,
Sakinaka,
Mumbai.

Hence
officers
apprehended the applicant. On search, he was found in possession of
1450 gms. of Ganja. After interrogation with him, he disclosed name of
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present applicant/accused No.2 and then, respondents arrested
applicant and recovered 600 grms of Ganja from him. Said contraband
came to be 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 1450 grms of Ganja is recovered from accused no. 1 and 600 grms
of Ganja is recovered from accused no. 2 i.e present applicant. The
applicant has criminal antecedents and three cases are registered
against him. 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 600 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 has criminal background
and he is habitual offender. Investigation in this case is in progress.
Hence prayed for rejecting the application.
6.

Perusal of record reveals that on 23.03.2022, a team of Sakinaka
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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 600 gms. of
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 applicant
has criminal antecedents. There are three cases registered against
applicant, out of which one is registered under provisions of NDPS Act.
Therefore, applicant may commit similar offence, if release on bail. It is
submitted on behalf of applicant that he is not convicted for any
offence. This fact is not disputed by APP during course of arguments.
Therefore, I hold that applicant cannot be denied bail merely because
few cases are pending against the applicant. 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. 754/2022 is hereby allowed.
2. Applicant/accused Lorence Samson Jorge be released in LAC/C.R.
No. 443/2022 on executing P. R. Bond of Rs.15,000/- (Rs. Fifteen
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Thousand only) with one surety in the like amount.
3. Applicant/accused to attend the Sakinaka 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.
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. 754/2022 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
Name of the Judge
TIME
NAME OF STENOGRAPHER
12.30 p.m.

Mrs. S. W. Tuscano
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.

19.04.2022
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Judgment/order signed by P.O on
19.04.2022
Judgment/order uploaded on
25.04.2022