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MHCC020024742024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 347/2024
IN
C. R. NO. 184 OF 2024
Pradeep Naresh Pujari
Age : 24 years
R/o : R. No.15,
Sai Dham Rahiwashi Sangh,
Janta Colony, Laxmi Nagar,
Ghatkopar -(East),
Mumbai – 400 075.

… Applicant/accused
V/s.
The State of Maharashtra
(Pant Nagar Police Station )
… Respondent
Appearance :Mr. Himanshu Shinde, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
06.03.2024
ORDER
The applicant Pradeep Naresh Pujari has filed the instant
application under Section 439 of the Code of Criminal Procedure, 1973
for grant of regular bail in connection with Crime No.184/2023
registered under Sections 8(c) r/w 22 & 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 with the Pant Nagar Police Station,
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Mumbai.
2.

In short, according to the applicant he has not committed
any crime and that he has been falsely implicated in this case. There is
no recovery from the applicant. The quantity allegedly recovered from
the applicant is smaller than commercial quantity. Therefore, rigors
u/sec. 37 of the Act would not be applicable to the facts of the present
case. The applicant has a clean record. He pertains to good family and
he is sole earning member of the family. Final report has been filed
before
Magistrate Court.

No independent witness is examined by
prosecution. The applicant is permanent resident of Mumbai. He is
ready to furnish surety as directed by this court and abide by the
conditions of the bail bonds. Therefore, the bail application may be
allowed.
3.

This application has been objected by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 12.12.2023
while the police officials of Pant Nagar Police Station were on patrolling
duty
at about 22.50 hrs. the applicant was found in suspicious
movements. Therefore, he was apprehended. Search was conducted by
following necessary procedure. He was found possessing 2 gms. of
MD, which came to be seized under panchanama. Accordingly crime
has been registered and accused came to be arrested. If the applicant is
released on bail, he may repeat the commission of crime. The
investigation is yet to be completed. Wanted accused are yet to be
arrested. Charge-sheet has been filed. Therefore, the bail application
may be rejected.
4.

The learned counsel for the applicant submitted that the
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applicant has not committed any crime. He has been falsely implicated
in the case. Only 2 gms. of MD has been allegedly recovered from the
applicant, which falls under non-commercial quantity. The applicant has
clear antecedents, well rooted in the society. The applicant has a
permanent place of residence. He is ready to abide by the conditions of
the bail bonds and furnish surety as directed by this Court. Therefore,
the applicant may be released on bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
submitted that offence is serious. If the applicant is released on bail, he
may commit a similar offence while on bail. He may tamper prosecution
evidence and pressurise the witnesses. Therefore, bail application may
be rejected.
6.

Considering the submissions from both sides and the fact
that the quantity allegedly recovered from the applicant is a noncommercial quantity of 2 gms. MD, which is far less than commercial
quantity, the applicant has clear antecedents and a permanent place of
abode, I think it proper to release the applicant on bail by imposing
stringent conditions. Hence, I proceed to pass the following order.
ORDER
1. Bail Application No. 347/2024 is hereby allowed.
2. The applicant/accused Pradeep Naresh Pujari, arrested in Crime No.
184/2024, shall be released on bail upon executing a personal bond of
Rs. 60,000/- and one or two solvent sureties of the like amount, on the
following conditions:
a.

The applicant/accused is directed to report to Pant Nagar Police
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Station every Sunday between 10.00 a.m. to 11.00 a.m., till filling of
the final report without fail.
b.

The applicant/accused is prohibited from leaving the jurisdiction
of Mumbai without explicit permission from the investigating officer or
the Court.
c.

The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
any evidence or documents related to the case.
d.

The applicant/accused must maintain a stable residence at his
current address in Ghatkopar, Mumbai, and is required to inform the
court and the investigating officer of any change in his residential
address. The accused shall furnish his active mobile number to the
Investigating Officer and shall also immediately report any change in
his mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if he does not possess any
passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.

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h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.
Date : 06.03.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 06.03.2024
: 18.03.2024
: 18.03.2024
: 18.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
19.03.2024
TIME
NAME OF STENOGRAPHER
11.55 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
06.03.2024
Judgment/order uploaded on
19.03.2024
18.03.2024
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