Bombay High Court
Neal Ronnie Dsilva vs The State Of Maharashtra And Anr on 10 April, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:16900
PMB 901. BA.125-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.125 OF 2024
NEAL RONNIE D'SILVA ..APPLICANT
VS.
1. THE STATE OF MAHARASHTRA
2. UNION OF INDIA ..RESPONDENTS
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Adv. Ayaz Khan i/b. Adv. Zehra Charania for the applicant.
Mr. S. H. Yadav, APP for the State.
Adv. Sandesh Patil a/w Adv. Prithviraj Gole for respondent
No.2-NCB.
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CORAM : M. S. KARNIK, J.
DATE : APRIL 10, 2024.
P.C. :
1. Heard learned counsel for the applicant, learned APP for
the State and learned counsel for respondent No.2.
2. This is an application for bail in respect of the offence
punishable under Sections 8(c) read with Section 20(b)(ii)
(A), 22(c), 27(A), 28 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (hereafter "NDPS Act",
for short) registered vide C.R. No.NCB/MZU/CR-36 of 2020
with Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai.
3. The applicant is the accused No.2. The applicant was
arrested on 25.11.2020. A secret information was received
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by the NCB officials on 22.11.2020. The co-accused - Kerry
Kelvin Mendes was apprehended by the NCB officials. The
quantity found in the possession of the co-accused - Kerry
Kelvin Mendes was 20 blots containing LSD weighing 0.3
gms which is a psychotropic substance and ganja weighing
0.95 gms. The LSD is a commercial quantity.
4. By an order passed today, the co-accused - Kerry
Kelvin Mendes has been enlarged on bail on two counts.
One is non-compliance with the provisions of Section 50 of
the NDPS Act and second as the co-accused - Kerry Kelvin
Mendes is in custody for more than three years and four
months with no possibility of the trial concluding any time
soon as even the charge has not been framed. From the
voluntary statement of the co-accused - Kerry Kelvin
Mendes at page 57 of the paper-book it appears that the
co-accused - Ahmad Shaikh is a big time LSD trafficker
active in Goregaon area. The co-accused - Ahmad Shaikh
was supplying drugs to big clients/customers for LSD. The
shortfall if any was sent through the present applicant and
other small peddlers. From the statement it appears that
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PMB 901. BA.125-24.doc
Ahmad Shaikh asked the present applicant to sell the
contraband. The present applicant in turn handed over the
contraband to the co-accused - Kerry Kelvin Mendes as he
did not find any customer. As Kerry Kelvin Mendes also was
not in a position to find any customer, the contraband was
to be returned to co-accused - Ahmad Shaikh at which point
of time the co-accused-Kerry Kelvin Mendes was
apprehended.
5. No drugs were found in possession of the present
applicant, but he was arrested on the basis of voluntary
statement of co-accused - Kerry Kelvin Mendes.
6. Mr. Patil, learned counsel for the respondent No.2-NCB
opposed the application for bail. An affidavit-in-reply has
been filed on behalf of the respondent No.2 duly affirmed by
Ashok Kumar Singh, the Intelligence Officer of the
respondent. According to Mr. Patil, learned counsel for the
respondent No.2-NCB, the material against the present
applicant which disentitles him being enlarged on bail is
thus :-
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1. Voluntary statement U/s 67 of NDPS Act, as
amended of the accused person and other co-accused
person.
2. During analysis of CDR of the accused persons,
several call were found among the applicant and co-
accused persons.
3. A lot of financial transaction found between
applicant and co-accused person.
4. Several Whatsapp chat found in between
applicant and co-accused persons.
5. The voluntary statement corroborates the facts
of financial transaction, CDR and whatsapp chat.
7. My attention is invited to the other averments made in
the affidavit-in-reply. It is thus submitted that there are
ample materials against the applicant to show his
involvement in the drug trade.
8. As indicated earlier the contraband was seized from the
possession of the co-accused - Kerry Kelvin Mendes who
has been enlarged on bail. The applicant was not found in
possession of drugs. The accusation is that the said
contraband was handed over by the present applicant to the
co-accused - Kerry Kelvin Mendes. The co-accused - Ahmad
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Shaikh appears to be the prime accused who has also been
enlarged on bail. As per the voluntary statement, the
present applicant is a small time drug peddler. There are no
criminal antecedents reported against the applicant. The
applicant was arrested on 25.11.2020 and is now in custody
for more than three years and four months with no
possibility of the trial concluding any time soon. The prime
accused - Ahmad Shaikh has been enlarged on bail by the
trial Court. The accused found in possession of the
contraband and so also the prime accused have been
enlarged on bail. In my opinion, though the application is
vehemently opposed by learned counsel for respondent
No.2, considering the period that the applicant has spent in
the custody with no possibility of the trial concluding any
time soon and in the facts and circumstances of the present
case, the applicant can be enlarged on bail. In my opinion,
in the facts and circumstances of the present case, the
rigors of Section 37 of the NDPS Act can be overcome.
Further, I propose to impose stringent conditions while
enlarging the applicant on bail and hence it is unlikely that
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the applicant will commit any offence during the pendency
of the trial. Hence, the following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Neal Ronnie D'silva in connection with C.R. No.NCB/MZU/CR-36 of 2020 registered with Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai shall be released on bail on his furnishing P.R. Bond of Rs.1,00,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the Investigating Officer of Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) Except for attending the trial and for the purpose of reporting to the Investigating Officer, the applicant shall not 6/7 PMB 901. BA.125-24.doc enter the jurisdiction of Mumbai/Mumbai Suburban District after being released on bail, till further orders of the trial Court. On an application made for modification of this condition at a later stage, the trial Court to consider the same on its own merits.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
9. The bail application is disposed of.
(M. S. KARNIK, J.) 7/7 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 10/04/2024 20:20:29