Shirish Raju Dhadke and Anr Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1558 of 2022

Cri. BA No.1558/2022
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in Spl. LAC No.21/2022
MHCC020083942022
Presented on
Registered on
Decided on
Duration
: 24-06-2022
: 24-06-2022
: 12-08-2022
: 01 month, 18 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1558 OF 2022
IN
IN SPECIAL L.A.C./C.R. NO.21 OF 2022
1. Mr. Shirish Raju Dhadke
R/at: Room No. 21, Pushpa Vihar Colony
Chawl, Dahisar East, Mumbai.

)
)
)
2. Dilip Sambhaji Kharatmol
)
R/at: R. No.4, Chopra Niwas Almeda Park, )
Hill Rd, Bandra, Mumbai 50.
) .. Applicant/Accused
Nos.1 & 2
V/s.
The State of Maharashtra,
( At the instance of DCB-CID Unit-V
vide Spl. LAC C.R No.21/2022 )
)
)
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Mr. Katke, 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 : 12/08/2022
Cri. BA No.1558/2022
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in Spl. LAC No.21/2022
ORAL ORDER
I have perused the application and say. Heard both sides.
2.

Applicants were arrested in Crime No.104/2022 of police
station Kurla and then classified them to DCB-CID Unit-V as Special
L.A.C. No.21/2022 and were arrested by DCB-CID Unit-V on
15.06.2022 and 16.06.2022. It was alleged that, they were found in
possession of commercial quantity of Mephedrone (MD).
3.

Thereafter, applicants filed this bail application with
contentions that, they are falsely implicated in this case. They have
been framed in pursuance of a conspiracy by one Balu Kokane.
Applicant No.2 is in business of chemicals under the name and title of
M/s. Balaji Enterprises. Substance seized in this matter is not
Mephedrone (MD) or any contraband under NDPS Act. Said material is
Lignocaine. It is easily available in market it look likes Mephedrone
(MD) but it is not Mephedrone (MD) or any contraband.
4.

In the course of argument Ld. Counsel of applicant
vehemently submitted that, report of Forensic Science Laboratory will
clear the doubt in this matter. He submitted that, seized material is
Lignocaine and not contraband and he prayed to call report of Forensic
Science Laboratory. Accordingly, prosecution was directed to produce
CA report at the earliest. Prosecution produced report of Forensic
Science Laboratory (Exh-03 and 4). Report shows that, seized material
was not narcotics drugs like Mephedrone (MD), Alprazolam, Cocaine,
Lorazepam, Nitrazepam, Diazepam, Methanqualone, MDMA, Ketamine,
Morphine and Heroin. Ld. Additional Public Prosecutor Shri. S.S. Panjwani
also conceded that, as seized articles were not narcotics drug or psychotropic
Cri. BA No.1558/2022
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substances applicants are entitled to bail.

in Spl. LAC No.21/2022
In view of this development
applicants are released on bail. Hence, I pass following order.
ORDER
1. Criminal Bail Application No.1558/2022 in Special LAC/C.R
No.21/2022, is allowed.
2. Applicant/accused No.1 Mr. Shirish Raju Dhadke and accused No.2
Dilip Sambhaji Kharatmol, are released in Special LAC/C.R
No.21/2022 on executing P. R. Bond of Rs.15,000/- each (Each Rs.
Fifteen Thousand only) subject to following conditions.
3. Applicants/accused shall not indulge any activity which shall
hamper the course of investigation and they shall appear before
Trial Court regularly.
4. Applicants/accused shall not tamper with evidence of prosecution.
5. Applicants/accused shall appear before the Investigating Officer if
required by him for the purpose of investigation.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.08.22
10:54:22 +0530
Date : 12/08/2022.

Dictated on
Typed on
Signed on
: 12/08/2022
: 17/08/2022
: 19/08/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1558/2022
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in Spl. LAC No.21/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
22.08.2022
TIME
NAME OF STENOGRAPHER
10.54 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.

12/08/2022
Judgment/order signed by P.O on
19/08/2022
Judgment/order uploaded on
22/08/2022