IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1077 OF 2007 IN CRIMINAL APPEAL NO.880 OF 2007 IN Spl.N.D.P.S. CASE NO.159 OF 2006 Mohammed Wasiu Idowu @ Wasim @ Wasu ...Applicant (Ori.Accused) Versus Union of India & Anr. ...Respondents ...... Mr.Atul Sarpande for Applicant. Ms.P.H.Kantharia for Respondent No.1. Mr.Rajesh More, A.P.P. for Respondent No.2. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2008. APRIL 3, 2008. APRIL 3, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. The offence for which the Applicant has been found guilty is punishable under Section 36-C of the NDPS Act r/w Section 21 (b) r/w Section 8 (c) of NDPS Act. The Applicant has been sentenced : 2 : to suffer rigorous imprisonment for three years and pay fine of Rs.25,000/-, in default, rigorous imprisonment for two years. It is fairly accepted by the Counsel for the Respondent No.1 that the quantity of cocaine found in possession of the Applicant was only 15 gms., for which reason, rigours of Section 37 of the NDPS Act will not be attracted. If so, the question is: whether the Applicant deserves to be granted bail, especially having regard to the fact that the Applicant has already suffered imprisonment as of now for a period of 1 year 10 months and 50 days, which is more than 50% of the sentence imposed by the lower Court. Indeed, the Respondent No.1, on affidavit, had stated that the Applicant is involved in two other similar offences. However, it now transpires that the Applicant has already been acquitted in those two criminal cases being 158/2006 and 149/2006. 3. Thus understood, the said objection is of no avail to the Respondents. The only other apprehension of the Respondents is that if the Applicant is released on bail, being a Nigerian, is : 3 : likely to flee from ends of justice. To address this apprehension, in my opinion, rigorous conditions can be imposed so as to ensure presence and availability of the Applicant as and when required. 4. In the circumstances, taking overall view of the matter, the Applicant is granted bail in connection with the offence in Spl.N.D.P.S. Case No.159 of 2006 on following conditions: (a) The Applicant Mohammed Wasiu Idowu @ Wasim @ Wasu is directed to be released on bail in connection with offence in Spl.NDPS Case No.159 of 2006, if not required in any other case, on executing bail bond in the sum of Rs.85,000/- (Rupees Eighty-five Thousand) with two local sureties in the like amount. (b) The Applicant shall not travel outside the jurisdiction of Narcotic Control Bureau, Mumbai and report to the : 4 : Investigating Officer once in a week, on every Monday between 10.00 a.m. and 2.00 p.m. till further orders to be passed by this Court and/or disposal of the Appeal. (c) The Applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time to the Investigating Officer, Narcotic Control Bureau, Mumbai Zonal Unit, Mumbai. (d) The Applicant shall deposit passport, if any, with the Investigating Officer, Narcotic Control Bureau, Mumbai Zonal Unit, Mumbai, to be retained by the said Investigating Officer till further order to be passed by this Court. . Application disposed of accordingly. A.M.KHANWILKAR, J.