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2021 DIGILAW 1448 (BOM)

Mantesh Nevaragi v. State Of Goa

2021-10-28

MANISH PITALE

body2021
JUDGMENT Manish Pitale, J. - By this application, the applicant is seeking bail in connection with the crime no.56/2021, whereby offence have been registered under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. FIR was registered on 16.9.2021. It is alleged that while on patrolling duty when the applicant was confronted on a bus stand, 2.05 kg of ganja was recovered from him. The applicant has been in custody since the said date. Initially he was remanded to police custody and thereafter he is in judicial custody. 3. The learned counsel appearing for the applicant submitted that the quantity of the ganja allegedly recovered from the applicant is below the commercial quantity of 20kg. It is submitted that there are no criminal antecedents of the applicant and he is resident of Goa, thereby showing that he would be available for trial. The applicant undertakes to abide by the conditions that may be imposed for grant of bail. 4. The learned Public Prosecutor has filed say, which is taken on record. It is submitted that further custody of the applicant would be necessary as the investigation is under progress. 5. Considering the facts of the present case, particularly the quantity of ganja allegedly recovered from the applicant being variable quantity and much less than the commercial quantity, this Court is inclined to grant bail by imposing appropriate conditions. 6. In view of the above, the application is allowed in the following terms:- ORDER i. The applicant shall be released on furnishing personal bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount. ii. The applicant shall attend Fatorda Police Station on every Monday between 10.00 a.m to 12.00 noon till filing of the chargesheet. iii. The applicant shall attend each and every date of proceedings . iv. The applicant shall co-operate with the Investigation and he shall not himself or through any other person indulge in any activity that would tamper with the evidence or influence the witnesses. v. The applicant shall furnish his address and contact number to the Investigating Officer as also the Court. vi. The applicant shall not indulge in any activity which would attract offence similar to the one already registered in the present case. 8. Needless to say that violation of any of the aforesaid conditions shall make the applicant liable for cancellation of bail. vi. The applicant shall not indulge in any activity which would attract offence similar to the one already registered in the present case. 8. Needless to say that violation of any of the aforesaid conditions shall make the applicant liable for cancellation of bail. It is clarified that merely because the applicant has been granted bail, the concerned Court shall not be influenced during the course of trial.