IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 926 OF 2022
IN
C. R. NO. 119 OF 2022
Smt Pati Rama Kale
Age : 33 yrs.,
R/o : Laxmi Chawl, Shivaji Chauk,
Azadnagar, Pardhiwada,
Ambujwadi, Gate No. 8,
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
: 29th April, 2022
ORDER
The applicant/accused Smt. Pati Rama Kale has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
24.03.2022 by Malavani police Station in C.R. No.119/2022 for
offences punishable u/sec. 8(c) r/w 20 of NDPS Act.
2.
As per the case of the prosecution on 24.03.2022 at about 15
hours a team of Malavani police Station was on patrolling duty, when
they found applicant in suspicious manner at Laxmi Chawl, Azad
Nagar, Pardhipada, Ambujwadi, Gate No.5, Malavani, Malad (W),
Mumbai. Hence she was intercepted.
On search, she was found in
2
possession of 130 gms. of Ganja in black colour bag. 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 she is falsely implicated in this case and she has no connection with
the alleged contraband. The contraband allegedly recovered from her
falls under small quantity. Hence Sec. 37 of NDPS Act is not applicable
to the applicant. She is ready to abide by conditions, if this Court
releases her on bail. Hence she prayed for releasing her on bail.
4.
Application is opposed by filing say by respondent. It is contended
that applicant has no permanent place of residence in Mumbai.
Investigation is in progress. If applicant is granted bail, she 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 130 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 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 24.03.2022, a team of Malavani
police Station was on patrolling duty in their jurisdiction, where they
found present applicant in suspicious condition. Hence officers
apprehended her. On search, she was found in possession of 130 gms.
3
of Ganja. Now, the quantity of contraband recovered from the applicant
is Small Quantity and punishment prescribed for the 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
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, it is submitted that applicant has a permanent
address in the Mumbai and she 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. 926/2022 is hereby allowed.
2. Applicant/accused Smt. Pati Rama Kale be released in C.R. No.
119/2022 on executing P. R. Bond of Rs.15,000/ (Rs. Fifteen
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 chargesheet.
4. Applicant/accused shall produce the proof of her 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 cooperate in early disposal of
4
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. 926/2022 is disposed off.
(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.
Date : 29.04.2022
Dictated on
Transcribed on
Signed on
: 29.04.2022
: 29.04.2022
: 29.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
5.05.2022
TIME
NAME OF TYPIST
11.00 p.m.
Mrs. V.D. Pahurkar
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
29.04.2022
Judgment/order uploaded on
5.05.2022
29.04.2022