BA.No.725/2023
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NDPS.RA.No.912/2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.725 OF 2023
IN
NDPS REMAND APPLICATION NO.912 OF 2023
CNR NO.MHCC02-012474-2023
Rohit Deepak Shirole @ Kuki
.. Applicant/Accused No.3.

VERSUS
The State of Maharashtra
(at the instance of ANC, Kandivali
Unit, vide CR.No.60 of 2023.)

.. Respondent.

Advocate Ms. Munira Palanpurwala for the Applicant/Accused.
APP Mr. Wajeed Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 21st October, 2023.
ORDER
1.

This is an application for bail by applicant/accused Rohit Deepak
Shirole @ Kuki who has been arrested by the offcers of Anti Narcotic
Cell (for short, ‘ANC’), Kandivali Unit, Mumbai, in CR.No.60 of 2023,
for the offence punishable under Section 8(c) read with Sections 20,
22(c) and 29 of the Narcotic Drugs and Psychotropic Substance Act,
1985, (for short, ‘NDPS Act’).
2.

Heard
Counsel
for
the
accused
and
APP
for
the
State/Respondent.
3.

The facts of the case is that on 5.7.2023, during the routine
course of patrolling the officer of ANC, Kandivali Unit, Mumbai,
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NDPS.RA.No.912/2023
apprehended two persons one by name Aniket who was found carrying
0.81 grams of LBS dots and one Ishan Dalvi who was found carrying 8
grams of Ganja.
custodial
The case of the prosecution is that during their
interrogation
he
apprehended
the
accused
made
a
memorandum statement and disclosed that the contraband was
sourced from the applicant. The accused Ishan Dalvi also pointed out
the house of the present applicant. The case of the prosecution is that
there is a conspiracy between all the accused for supply of contraband.
According to them, the accused no.1 was apprehended with
commercial quantity of contraband and hence, bail cannot be granted
to the present applicant as he is a supplier of the contraband.
4.

The Counsel for the accused has submitted that nothing was
seized from the applicant and apart from statement of co-accused there
is no evidence against the applicant. She has submitted that in absence
of independent evidence about prior meetings of mind and conspiracy
accused cannot be incarcerated solely on the statement of the coaccused.
5.

I have gone through the say filed by the prosecution.

The
Investigating Officer could not point out any independent evidence
about conspiracy between the other accused and the applicant. The say
filed on record does not point to any independent evidence either in
the form of CDRs, whatsapp chat or any independent evidence.
Considering the say filed by the Investigating Officer there is no prima
facie evidence about the conspiracy between the applicant and the
arrested accused.

In such case, considering the say filed by the
Investigating Officer by accused cannot be denied bail only on the basis
of the statement of co-accused. Hence, the following order is passed:
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NDPS.RA.No.912/2023
Order
1.

Bail Application No.725 of 2023 is hereby allowed.

2.

Applicant/Accused Rohit Deepak Shirole @ Kuku, being accused
in CR.No.60 of 2023, registered with ANC, Kandivali Unit, Mumbai, for
the offence punishable under Section 8(c) read with Sections 20, 22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
be released on furnishing solvent surety and P.R. bond of Rs.50,000/(Rupees Fifty Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email address, if
any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with ANC, Kandivali Unit, on every Monday and
Saturday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Bail Application No.725 of 2023 in NDPS Remand Application
No.912 of 2023 is disposed off.
Date : 21.10.2023
Dictated on
Transcribed on
HHJ signed on
: 21.10.2023
: 23.10.2023
: 23 .10.2023
AMIT V
KHARKAR
Digitally signed by
AMIT V KHARKAR
Date: 2023.10.23
15:40:19 +0530
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS.RA.No.912/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23.10.2023/3.39 p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 21.10.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
23.10.2023
JUDGMENT/ORDER uploaded on
23.10.2023