Cri.BA.No583/2024
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MHCC020038002024
Presented on
Registered on
Decided on
Duration
: 04-03-2024
: 04-03-2024
: 10-04-2024
: 0 years, 1 months, 6 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.583 OF 2024
Rohit Satyadev Rajbhar @ Natya Babu
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Mankhurd Police
Station, vide CR.No.51 of 2024.)

.. Respondent.

Advocate Mr. S.R. Patil for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(Court Room No.42)
DATE : 10th April, 2024.
ORDER
1.

This is an application for bail by applicant/accused Rohit
Satyadev Rajbhar @ Natya Babu, who has been arrested by Mankhurd
Police Station in CR.No.51 of 2024, for the offence punishable under
Section 8(c) read with Sections 20 and 29 of the Narcotic Drugs and
Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).

Cri.BA.No583/2024
2.

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The case of the prosecution is that on 20.02.2024, officers of
Mankhurd Police Station during the routine course of patrolling, saw
the applicant standing beside the road.

He was stopped.

detained and panch witnesses were arranged.

He was
He was searched in
presence of panch witnesses. During the search of his bag, 4 kgs. 100
grams of Ganja was found and he has been prosecuted for violation of
the NDPS Act.
3.

The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Criminal Bail Application No.583 of 2024 is hereby allowed.

2.

Applicant/Accused Rohit Satyadev Rajbhar @ Natya Babu, being
accused in CR.No.51 of 2024, registered with Mankhurd Police Station,
for the offence punishable under Section 8(c) read with Sections 20
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
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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 addresses,
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 Mankhurd Police Station, on every
Wednesday and Friday 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.

Criminal Bail Application No.583 of 2024 is disposed off.

Date : 10.04.2024
Dictated on
: 10.04.2024
Transcribed on : 12.04.2024
HHJ signed on : 12.04.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.04.2024/ 6.08 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/ 10.04.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
12.04.2024
JUDGMENT/ORDER uploaded on
12.04.2024