IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 803 OF 2022
IN
LAC No. 07/2022
1. Sonu Prem Dogra
Age- 40 years, Occ.- Nil
R/o : N-359, Raghubir Nagar,
Tagore Garden, West Delhi,
Delhi – 110 027.
2. Rahul Shivratan Vishwakarma @
Rahul Kumar Vishwakarma
Age- 30 years, Occ.- Nil
R/o : 122/1456 Kanshiram Colony,
Orai, Jalaun, Orai,
U.P. – 285 001.
3. Mohammad Arif Bashir Khan
Age- 46 years, Occ.- Nil
R/o : 201 B No.1, Cluster- 2,
Ground Podiyam,
Shanti Park, Mira Road (E),
Thane.
…Applicants/Accd. no.1 to 3
V/s.
The State of Maharashtra
DCB CID Unit- XII,
Dahisar Spl. LAC No. 7/22.
Dindoshi Police Station
C.R. No. 316/22.
…Respondent
Appearance :Mr. Bhandari, Adv. for applicants/accused.
Mrs. Geeta Nayyer, APP for state/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 19th May, 2022
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ORDER
The applicants/accused no.1 to 3 – Sonu Prem Dogra, Rahul
Shivratan Vishwakarma @ Rahul Kumar Vishwakarma and
Mohammad Arif Bashir Khan have moved present application for
bail u/sec. 439 of Cr.P.C. who were arrested on 31.3.2022 and
1.4.2022 by officers of Respondent in C. R. No. 316/2022
for
offence punishable u/sec. 8(c) r/w 21 (b), 27A & 29 of NDPS Act,
1985.
2.

That on 31.3.2022 the officers of DCB CID unit XII while
patrolling duty found two persons with Activa scooter in standing
position and selling drugs to their customers. Hence panchas were
called and applicants/accused no.1 & 2 were arrested.

During
search accused no.1 & 2 were found in possession of 9 gms. of
Cocaine each. Same was seized under panchnama and the accused
were placed under arrest. FIR was registered against accused no.1
& 2 vide C.R. No.316/2022. Thereafter on 1.4.2022, respondent
arrested applicant/accused no.3 with 14 gms. of Cocaine.

Said
contraband was also seized under panchnama.
3.

The present applicants/accused have sought bail on the
grounds that they have been falsely implicated in the present case.
And as such they have nothing to do with the alleged offences. The
alleged contraband recovered from each applicants/accused no.1
and 2 is 9 gms. Cocaine and 14 gms. of Cocaine from accused no.3,
which falls under the category of non-commercial quantity and
hence sec. 37 of NDPS Act is not attracted. Applicants undertake to
attend this Hon’ble Court after their release on bail till the
completion of trial. Applicants are ready to abide by any condition
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imposed by the Court. Hence they prayed for releasing them on
bail.
4.

Application is opposed by respondent by filing say. It is
submitted that total 32 gms. of Cocaine of non-commercial quantity
is recovered from the applicants. Cash amount of Rs. 51,750 /- has
been recovered from accused no.3 – Mohd. Khan. Said amount has
been obtained by applicant by selling contraband Cocaine. Hence
sec. 27-A has been invoked. Hence stringent provisions of sec. 37
of NDPS Act would apply. Further more, all accused committed
offence by hatching conspiracy with each other. Hence sec. 29 of
NDPS Act is invoked. Investigation is in progress. If applicants are
granted bail they may abscond and may not be available for trial
and may commit similar type of offence. Hence it is prayed that
application be rejected.
5.

Perused application and say. Heard both sides. It is reflected
that while patrolling
accused no.1 & 2 were found selling
contraband. Hence they were apprehended and searched which
resulted in recovery of 9 gms. Of Cocaine each of them. Further
during investigation, applicant/accused no.3 came to be arrested
on 1.4.2022 and
14 gms. Of Cocaine and cash amount of Rs.

51,750/- was recovered from him, which came to be seized under
panchnama.
6.

Now, admittedly the contraband seized from all the accused
falls under category of non-commercial quantity. Hence stringent
provisions
of sec. 37 of NDPS Act are not applicable. Though
prosecution invoked sec. 27-A & 29 of NDPS Act, at this stage,
there is no material placed on record by the prosecution to show
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that the accused
hatched conspiracy with each other in
commission of offence and that they are involved in financing of
illicit trafficking. Merely because amount of Rs. 51,750/- has been
recovered, from the accused no.3, provisions of sec. 27-A cannot
be attracted. Hence rigors of sec. 37 of NDPS Act would not apply.
7.

Furthermore,
recovery
is completed and nothing is
remained to be recovered. As submitted by accused they are
ready to abide by any condition imposed by the Court. There are no
criminal antecedents to the discredit of the applicants. No purpose
would be served by keeping the applicants behind the bars. Hence I
hold that application deserves to be allowed. Hence I proceed to
pass following order :
ORDER
1. Bail Application no. 803/2022 is hereby allowed.
2. Applicants/accused Sonu Prem Dogra, Rahul Shivratan
Vishwakarma @ Rahul Kumar Vishwakarma and Mohammad Arif
Bashir Khan be released in C.R. No. 316/2022 of Dindoshi Police
Station on executing P. R. Bond of Rs.30,000/- (Rs. Thirty
Thousand only) each with one or two sureties in the like amount.
3. Applicants/accused to attend the Dindoshi Police Station on
every Thursday between 2.00 p.m. to 5.00 p.m. till filing of chargesheet.
4. Applicants/accused and their sureties shall provide their
respective mobile numbers and correct address of residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicants/accused shall produce the proof of their identity and
proof of residence at the time of executing the bail bond.
6. Applicants/accused shall not tamper with prosecution witnesses/
evidence in any manner and co-operate in early disposal of trial.
7. Applicants/accused shall not commit similar offence while on
bail.

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8. Ld. Advocate for applicants/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence,
permission granted to furnish provisional cash bail of Rs.
30,000/- each for period of eight weeks.
9. Accordingly, Bail Application no. 803/2022 is disposed off.

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

Date : 19.05.2022
Dictated on
Transcribed on
Signed on
: 19.05.2022
: 19.05.2022
: 19.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.05.2022
TIME
NAME OF STENOGRAPHER
12.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
19.05.2022
Judgment/order uploaded on
20.05.2022
19.05.2022