IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 804 OF 2022
IN
Spl. LAC No.8/2022
Vikas Sampat Garje
Age- 38 yrs
R/o : Matru-Pitru Sadan,
Ghar No.18, Room No.5
Near Shivsena Shakha,
Nerul Gaon, Nerul (W),
Navi Mumbai.
…Applicant
V/s.
The State of Maharashtra
DCB CID UNIT-XII,
Dahisar Mumbai
SPL. LAC CR 8/22
Vile Parle Police Station,
C.R.No. 260/2022
…Respondent
Appearance :Mr. Bhandary, Adv. for applicant/accused.
Mr. Rajput, APP for state/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 13th May, 2022
ORDER
The applicant/accused Vikas Sampat Garje has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on 2.4.2022
by officers of Respondent in C.R. No.260/2022 for offence punishable
u/sec. 8(c) r/w 21 (b) of NDPS Act, 1985.
2.

The case of the prosecution is that on 1/4/2022 while patrolling
officers of respondent received secret information that one taxi driver is
selling drugs to his customers at Vile Parle Junction, express way, near
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Sahara Hotel, Vile Parle (E). Hence said information was reduced
into writing and panchas were called and spot was raided.
Applicant was found with 20 grams of Cocaine in his possession
which came to be searched under panchnama and applicant was
placed under arrest.
3.

The present applicant/accused has sought bail on the
grounds that he is falsely implicated in the present case. The total
seizure of Cocaine seized by the respondent is 20 gms which is of
non-commercial quantity and bar of sec. 37 of NDPS Act is not
applicable. Applicant is ready to abide by any condition imposed
by the court. Applicant is permanent resident of Mumbai and not
likely to abscond. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that investigation is in progress. Wanted accused is yet to
be arrested. If applicant is granted bail, he may commit similar
type of offence and may abscond and may tamper with evidence of
prosecution witnesses. Hence application be rejected.
5.

Perused application and say. Heard both sides. It is reflected
from the papers that on the basis of information when spot was
raided applicant was found in possession of 20 gms of Cocaine
which came to be seized under panchnama.
6.

Now, admittedly the contraband seized from the applicant
falls under category of non commercial quantity. Hence stringent
provisions of sec. 37 of NDPS Act are not applicable. Furthermore,
recovery is completed and nothing is remained to be recovered.

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7.

Prosecution opposed the application on the ground that
investigation is in progress and wanted accused is to be arrested.
However this is not a ground for denying the bail.
8.

As submitted by the applicant, he is ready to abide by any
condition imposed by the Court. He is permanent resident of
Mumbai and not likely to abscond. No purpose would be served by
keeping the applicant behind the bars. Hence I hold that
application deserves to be allowed. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 804/2022 is hereby allowed.
2. Applicant/accused Vikas Sampat Garje be released in C.R.No.
260/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Vile Parle Police Station on
every Wednesday 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 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. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence,
permission granted to furnish provisional cash bail of Rs.
20,000/- for period of eight weeks.

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9. Accordingly, Bail Application no. 804/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Date : 13.05.2022
Dictated on
Transcribed on
Signed on
Gr. Mumbai.

: 13.05.2022
: 13.05.2022
: 13.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.06.2022
TIME
NAME OF STENOGRAPHER
11.30 a.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
Judgment/order uploaded on
03.05.2022
13.05.2022
06.06.2022