IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 883 OF 2022
IN
C. R. No. 354/2022
Sohel Salim Dhanani
Age : 25 yrs.,
R/o : Azmi Nagar,
Near Akashwani, Gate No.7,
Malwani, Malad (W),
Mumbai – 400 095.
…Applicant/Accused
V/s.
The State of Maharashtra
Kandivali Police Station
…Respondent
Appearance :Mr. Akash Sharma, Adv. for applicant/accused.
Smt. Parmar, ADPP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 6th July, 2022
ORDER
The present application for grant of bail has been filed by
applicant Sohel Salim Dhanani u/sec. 439 of Cr.P.C., who has been
arrested by the officers of respondent on 24.3.2022 for violation of
offences punishable u/sec. 370 A(2) r/w 34 IPC r/w 4 & 5 of Immoral
Traffic (Prevention) Act r/w 8(c), 20 & 22(a) of NDPS Act, 1985 in C.R.
No. 354/2022.
2.

It is the case of prosecution that on 11.6.2022 the officers of the
respondent received secret information about business of prostitution
being conducted in their jurisdiction in a massage parlor known as D2
Uko Spa, accordingly bogus customer and panchas were arranged.
3.

Said bogus customer along with the panchas and officers of
respondent conducted raid upon the premises and a victim was rescued
and the applicant/accused came to be arrested by the respondents.
During search, applicant was found in possession of 0.81 gms. of MD
and 1.05 gms. of Ganja, which came to be seized under panchanama
and FIR came to be registered against the applicant and wanted accused
Fahed Shaikh and Dipika Ramesh Tal vide C.R. No. 354/2022.
4.

The present applicant/accused has sought bail on the grounds
that he is innocent and he has been falsely implicated in the present
case. Applicant is merely an employee and his role is very much limited
to being a manager of the said premises. During investigation, applicant
has reviled on factual facts before the respondent and hence co-accused
came to be arrested and the investigation could be proceeded. There is
no iota of evidence against the present applicant to connect him with
the present crime. Applicant has no criminal antecedents. Applicant is
permanent resident of Mumbai and there is no apprehension of
absconding. Applicant undertakes to abide by any terms and condition
as this Court may deem fit. Hence he prayed for releasing him on bail.
5.

Application is opposed by the respondent by filing say vide Exh.2.

It is contended that nature of offence is very serious. Applicant is
Manager in the Massage Parlor, who with the help of wanted accused
Fahid Shaikh and Deepika Tal supplied the girl namely Muskan working
as beautician in the parlor for purpose of prostitution. Further, he was
fund in possession of 0.81 gms. MD. If applicant is granted bail, he may
put pressure on victims and tamper the prosecution witnesses.

If
applicant is released on bail, he may abscond and he will help coaccused to abscond and likely to indulge in similar activities. Hence
respondent prayed for rejecting the application.
5.

Perused application and say. Heard both sides.

6.

It is argued by Ld. Adv. for the applicant that 0.81 gms. of MD
and 1.05 gms. of Ganja has been allegedly recovered from the
possession of the applicant. Said quantity of contraband falls under
category of small quantity and rigors of sec. 37 of NDPS Act are not
applicable. It is further argued that he is falsely shown as Manager of
the massage parlor. He has never indulged in activity of supplying
girls for prostitution as alleged by the respondents. There is no
evidence against applicant on record. The applicant is ready to abide by
all the conditions imposed by the Court. Hence he be released on bail.
7.

Per contra, it is argued by Ld. APP that there was information
received that in D2 Eco Spa, business of prostitution is done in the
name of massage. Hence panch and bogs customer was called and
trap was laid.

Further, when bogus customer was sent to the parlor,
present applicant/accused was present there and he talked to him and
made demand of girl for purpose of prostitution and accordingly,
amount of Rs. 8,000/- was fixed. Thereafter as per plan, the raid was
effected and applicant came to be arrested. Further 0.81 gms. of MD
and 1.05 gms. of Ganja was recovered from the applicant. Thus,
applicant is involved in illegal activities. As alleged by the prosecution,
there is prima-facie evidence against the applicant. Therefore, he is not
entitled to grant of bail.

8.

Perused the application and say. Heard. Ld. Adv. for the applicant
and Ld. APP for the state.
9.

Perusal of documents reveal that police raided the Spa for
immoral trafficking of women. Present applicant was allegedly Manager
in the said Spa. Prosecution claimed that applicant used to supply girls
for prostitution under the name of massage with the help of Fahed
Shaikh and Deepika Tal. Applicant has denied said fact. Further, as per
case of prosecution,
during raid in the Spa 0.81 gms. of MD and
1.05 gms. of Ganja was recovered from possession of the present
applicant, which came to be seized under panchanama.
10.

Now, so far as recovery of contraband is concerned, the quantity
of contraband falls under category of small quantity as given in the
schedule of the Act and rigors of sec. 37 of NDPS Act are not applicable.
So far as allegations regarding supplying girls for prostitution, applicant
has denied that he has any connection with the said offence. Further, it
was also contended that the alleged girl is aged 28 years as per the case
of the prosecution itself and she is not minor. Further, at this stage,
there is no evidence against applicant to show that he was running
business of prostitution. It is submitted that applicant has never
indulged in such kind of activities. There are no criminal antecedents to
the discredit of the applicant. The applicant is resident of Mumbai and
there are no chances of his absconding or fleeing from justice.
Applicant is ready to undertake any condition imposed by the Court and
ready to co-operate investigating machinery. Hence I hold that
applicant is entitled to grant of bail subject to imposing certain terms
and conditions. In the result, I proceed to pass following order.

ORDER
1. Bail Application no. 883/2022 is hereby allowed.
2. Applicant/accused Sohel Salim Dhanani be released in C.R. No.
354/2022 of Kandivali Police Station on executing P. R. Bond of
Rs.50,000/- (Rs. Fifty Thousand only) with one or more sureties in the
like amount.
3.Applicant/accused to attend the Kandivali Police Station on every
Monday in between 2.00 p.m. to 5.00 p.m., till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile numbers and correct address of residence alongwith names of
two relatives with their mobile numbers and addresses.
5. Applicant/accused shall produce the proof of his identity and proof of
residence at the time of the executing the Bail Bond.
6. Applicant/accused shall not tamper with prosecution witnesses/
evidence in any manner and co-operate in early disposal of trial.
7. Applicant/accused shall not commit similar offence while on bail.
8. The bail application no. 883/2022 is disposed off accordingly.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 06.07.2022
Dictated on
Transcribed on
Signed on
: 06.07.2022
: 06.07.2022
: 06.07.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
08.07.2022
Name of the Judge
TIME
NAME OF STENOGRAPHER
11.15 am.

Mrs. S. W. Tuscano
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
06.07.2022
Judgment/order uploaded on
08.07.2022
06.07.2022