IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 820 OF 2022
IN
C. R. NO. 128 OF 2022
Mahesh Devappa Putake
Age : 22 yrs.,
R/o : Kharodi, Ali Talav, Marve Road,
infront of Daulat Highschool,
Malavani, Malad (W), Mumbai.
…Applicant
V/s.
The State of Maharashtra
Malavani Police Station
…Respondent
Appearance :Mr. Kiran Gogawale, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 22th April, 2022
ORDER
The applicant/accused Mahesh Devappa Putake has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
1.04.2022 by Malavani police Station in C.R. No.128/2022 for offences
punishable u/sec. 8(c) r/w 20 of NDPS Act.
2.

As per the case of the prosecution on 31.03.2022 a team of
Malavani police Station was on patrolling duty, where they found
applicant in suspicious manner in front of Daulat Highschool, Ali Talav,
Kharodi, near Jurassic Park, Malavani, Malad (W), Mumbai. Hence he
was intercepted. On search, he was found in possession of 2200 gms.
of Ganja in white colour nylon bag. Said contraband came to be seized
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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 intermediate 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 applicant has purchased Ganja from Sandeep Sable and one Babu
who are yet to be arrested. Investigation is in progress. 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 2200 gms. of Ganja
made from the applicant falls under intermediate 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 31.03.2022, a team of Malavani
police Station was on patrolling duty in their jurisdiction, where they
found present applicant in suspicious condition. Hence officers
apprehended him. On search, he was found in possession of 2200 gms.

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of Ganja. Now, the quantity of contraband recovered from the applicant
is Non Commercial Quantity. 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. There are no criminal antecedents
to the discredit of the applicant. 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. 820/2022 is hereby allowed.
2. Applicant/accused Mahesh Devappa Putake be released in C.R. No.
128/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty Thousand
only) with one surety in the like amount.
3. Applicant/accused to attend the Malavani 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. 20,000/- for period of
eight weeks.
8. Accordingly, Bail Application no. 820/2022 is disposed off.

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

Date : 22.04.2022
Dictated on
Transcribed on
Signed on
: 22.04.2022
: 22.04.2022
: 22.04.2022
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
22.04.2022
Judgment/order uploaded on
25.04.2022
22.04.2022