Cri. BA No.1692/2022
..1..
in Spl. LAC No.91/2022
MHCC020091902022
Presented on
Registered on
Decided on
Duration
: 08-07-2022
: 08-07-2022
: 25-07-2022
: 00 month, 17 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1692 OF 2022
IN
SPECIAL L.A.C./C.R. NO.91 OF 2022
Rahul Rama Ingle
Aged : 20 years, Occ: Driver
R/at: Ganesh Chawl, Shree Ram Nagar,
Sambhaji Chauk, Surya Nagar,
VIkhroli (West), Mumbai-400083.
)
)
)
)
) .. Applicant/Accused No.3
V/s.
The State of Maharashtra,
)
( At the instance of Park Site police station )
Mumbai vide Spl. LAC No.91/2022 )
) .. Respondent/Prosecution
Appearance :
Ld. Adv. B.S. Meti, for the applicant/accused.
Ld. APP Mr. S.S. Panjwani, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 25/07/2022
ORAL ORDER
This is an application for releasing applicant/accused No.3
Rahul Rama Ingle on bail.
Cri. BA No.1692/2022
2.
..2..
in Spl. LAC No.91/2022
Applicant/accused submits that, he was arrested by police
officers of Park Site police station along with other two accused. They
were having tea at that time. Police alleged that, they seized 20 grams
Mephedrone (MD) from accused No.1, 7 grams Mephedrone (MD) from
accused
No.2
and
applicant/accused.
and
other
3
grams
Mephedrone
(MD)
from
this
Prosecution also alleged that, applicant/accused
accused
were
indulging
in
sale
of
contraband.
Applicant/accused and other two accused were produced before Ld.
Metropolitan Magistrate Court Vikhroli.
They are in MCR from
02.07.2022.
3.
Applicant/accused further submits that, he has been falsely
implicated in this crime. Interrogation is over. Police doesn’t need his
custody for further investigation. Nothing was seized from him, but
police falsely implicated him. He is behind bars and this is causing
hardship to his family. He is ready to abide by all conditions those may
be imposed by this Court and prayed for releasing him on bail.
4.
Prosecution resisted this application by filing report of
Investigating Officer at Exh-02 countersigned by Ld. Additional Public
Prosecutor Shri. S.S. Panjwani on the grounds mentioned therein.
5.
I have heard both sides. It appears total contraband seized
in this case was 30 grams i.e. less than commercial quantity.
It is
alleged
from
that,
3
grams
Mephedrone
(MD)
was
seized
applicant/accused. Maximum punishment that can be awarded in this
case is imprisonment up to 10 years and fine. Section 37 of the NDPS
Act will not come into force in this case as contraband allegedly seized
is less than commercial quantity. Applicant/accused submits that, he is
Cri. BA No.1692/2022
..3..
in Spl. LAC No.91/2022
ready to abide by all conditions those may be imposed by this Court. He
is ready to furnish surety also.
Therefore, case is made out for
exercising discretion in favour of the applicant/accused. Hence, I pass
following order.
ORDER
1. Criminal Bail Application No.1692/2022 in Special L.A.C./C.R
No.91/2022, is allowed.
2. Applicant/accused Rahul Rama Ingle, is released in Special
L.A.C./C.R No.91/2022 on executing P. R. Bond of Rs.25,000/- (Rs.
Twenty Five Thousand only) with one or more solvent sureties in
the like amount, on following conditions.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and he shall appear before Trial Court
regularly.
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before the Investigating Officer as and
when called by the Investigating Officer.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.07.27
12:11:01 +0530
Date : 25/07/2022.
Dictated on
Typed on
Signed on
: 25/07/2022
: 26/07/2022
: 26/07/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1692/2022
..4..
in Spl. LAC No.91/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
27.07.2022
TIME
NAME OF STENOGRAPHER
11.52 a.m.
Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. V.G. RAGHUWANSHI
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.
25/07/2022
Judgment/order signed by P.O on
26/07/2022
Judgment/order uploaded on
27/07/2022