Cri. BA No.03/2024 in C.R. No.901/2023 MHCC020000192024
Presented on : 01-01-2024 Registered on : 01-01-2024 Decided on : 17-01-2024
Duration : 16 Days

IN THE SPECIAL COURT FOR NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY CRIMINAL BAIL APPLICATION NO.03 OF 2024 IN C.R. NO.901 OF 2023

Pradeep Amar Pashi

Aged : 18 years, Occ: Service,
R/at : Kanu Compound, Sahyog Welfare
Society, Gen. A.K. Vaidya Marg,
Goregoan (East), Mumbai – 400062. ) .. Applicant/Accused

V/s.

The State of Maharashtra (At the instance of Dindoshi station Mumbai, vide
No.901/2023). ) police ) C.R. ) ) .. Respondent/Prosecutor

Appearance :
Ld. Adv. Mr. Bhandary a/w Adv. Pandey, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43) (ADDL. SESSIONS JUDGE) DATE : 17/01/2024

ORAL ORDER

This is an application taken out by applicant/accused Pradeep Amar Pashi under section 439 of Code of Criminal Procedure for enlarging him on bail in C.R. No.901/2023 registered at Dindoshi police station, Mumbai for the offences punishable under section 8(c) r/w section 20(b), ii (B) of Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”).

2.Perused the application, documents filed therewith, reply of the prosecution and material on record. Heard, arguments advanced by learned Advocate for applicant/accused and learned APP.

3.Learned Advocate for applicant/accused submitted that, this is the first bail application taken out by the applicant/accused. No other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior court. Learned Advocate for applicant/accused argued that, as per the prosecution case on 06/12/2023, 380 gram Charas is alleged to be recovered from the possession of the applicant/accused and therefore, offence punishable under section 8(c) r/w section 20(b), ii (B) of NDPS Act, 1985 is registered against the applicant/accused. The quantity of contraband alleged to be recovered from the possession of the
applicant/accused is intermediate quantity. Therefore, rigours of section 37 of the NDPS Act are not applicable. Applicant/accused is not having any criminal antecedents. Applicant/accused is in custody since 06/12/2023. The applicant/accused is a young boy of 18 years old. Nothing needs to be recovered from him now. Applicant/accused is resident of Mumbai and he is ready to abide by all conditions which the in C.R. No.901/2023 court may impose. Therefore, Ld. Advocate for applicant/accused prayed that application be allowed.

4.On the other hand, Ld. APP argued that, 380 gram Charas is alleged to be recovered from the possession of the applicant/accused. Investigation revealed that, applicant/accused was possessing same for the purpose of sale. As such it is clear that, applicant/accused is a drug peddler. Wanted accused in the crime are yet to be arrested. Investigation is yet to be completed. Release of the applicant/accused at this stage may hamper the investigation. Therefore, Ld. APP submitted
that, bail application be rejected.

5.From the matter on record it appears that, applicant/accused is alleged to have committed offence punishable under section 8(c) r/w section 20(b), ii (B) of NDPS Act, 1985. The punishment provided for the above offence may extend to 10 years and with fine which may extend to Rs. One lakh only. Admittedly, the quantity of contraband alleged to be recovered from applicant/accused is a non-commercial quantity and it is intermediate quantity. As such the rigour of section 37 of NDPS Act is not applicable in present matter. No criminal antecedents are attributed to the applicant. From the material
on record applicant/accused appears to be resident of Mumbai. Moreover, it appears that, applicant/accused is in custody since 06/12/2023 and now nothing is to be recovered from the applicant/accused. The applicant/accused is a young boy of 18 years old. As such from the material on record it appears that, investigation in respect of the applicant/accused is almost completed. Mere fact that, wanted accused are yet to be arreted itself is not a just ground for rejection of bail.

6.Personal liberty is most precious of all fundamental rights. There is presumption of innocence unless the guilt is proved. The object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on record prima facie, it appears that, applicant/accused had co-operated during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material on record, presence of the applicant/accused is likely to be secured even if he is released on bail. Moreover, interest of the prosecution can be safeguarded by imposing certain conditions. Therefore, considering the above discussion and prima facie appreciation of material on record there appear no necessity for further detention of the accused for facilitating further full and fair investigation.

7.Considering the nature of offence, gravity of offence age and antecedents of the accused and from prima facie appreciation of the material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of society at large.

Therefore, there appear justifiable grounds for releasing the applicant/accused on bail at the stage. As such the present application deserves to be allowed. Hence, the following order.

ORDER

1.Criminal Bail Application No.03/2024 in C.R. No.901/2023, is allowed.

2.Applicant/accused Pradeep Amar Pashi, be released on bail in C.R. No.901/2023 under section 8(c) r/w section 20(b), ii (B) of NDPS Act, 1985 registered by Dindoshi police station on executing personal bond of Rs.50,000/- only (Rs. Fifty thousand only) with one or more sureties in like amount on the following conditions :

(a) Applicant/accused shall co-operate the Investigating Officer and shall make himself available for interrogation by concern Investigating Officer as and when required.

(b) Applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.

(c) Applicant/accused shall co-operate in early disposal of the trial.

(d) Applicant/accused shall not commit any criminal offence while on the bail.

(e) Applicant/accused and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of execution of the bail bond/surety bond.

3.Bail Application No.03/2024 is disposed of accordingly.

(Pronounced in open Court) Date : 17/01/2024. (K.P. Kshirsagar) N.D.P.S Special Judge City Civil & Sessions Court, Gr. Bombay (CR.43) Dictated on : 17/01/2024 Transcribed on : 17/01/2024 Checked on : 17/01/2024 Signed on : 17/01/2024 Cri. BA No.03/2024 in C.R. No.901/2023 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE 17.01.2024 TIME NAME OF STENOGRAPHER 05.00 p.m. Sanjay Baliram Kaskar (Stenographer Grade-I) Name of the Judge H.H.J. SHRI. K.P. KSHIRSAGAR (C.R.No.43) NDPS Spl. Judge Date of Pronouncement of Judgment/Order. 17.01.2024 Judgment/order signed by P.O on 17.01.2024 Judgment/order uploaded on 17.01.2024