-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 81 OF 2009 IN CRIMINAL APPEAL NO. 137 OF 2008 Ismail Raju Ajmeri @ Isala .. Applicant/ Appellant. (Org.Accused) V/s. 1. Union of India and another .. Respondents. ---- Ms.Nilofar Saiyed for the Applicant/Appellant. Mr.J.C.Satpute with Ms. Heena Shah for the Union of India. Mr.A.S.Shitole, APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 06th FEBRUARY,2009 DATED : 06th FEBRUARY,2009 DATED : 06th FEBRUARY,2009 P.C.: P.C.: P.C.: 1. Heard learned counsel for the respective parties. 2. The applicant has taken out this application for cancellation of condition of attendance at the Narcotics Control Bureau Office, Indore. 3. The applicant has been convicted for the offence punishable under section 29 read with sections 8(c) and 21 (c) of the N.D.P.S.Act and sentenced to suffer R.I. for 10 years and to pay fine of Rs. One lakh and in default -: 2 :- to suffer R.I. for a period of one year. 4. The applicant has filed criminal appeal no. 137 of 2008, which is already admitted. The applicant also filed criminal application no. 228 of 2008 for grant of bail. This application came to be disposed of by this court by the order dated 10th of April, 2008 and the applicant was released on bail subject to the conditions viz. : (i) The applicant shall deposit the fine amount. (ii) The applicant shall report to the office of Intelligence Officer, NCB twice in a month on 1st and 15th day of every English calender month between 10 a.m. to 1 p.m. till further orders. (iii) The applicant shall not travel outside the district Greater Mumbai and district- Thane,without written permission of this court and also shall not travel outside India without permission of this court. (iv) The applicant shall inform his latest place of residence immediately after being released and /or change of residence, if any from time to time tothe office of Intelligence Officer, NCB,where he would report. (v) The applicant shall return passport, if any, with the office of Intelligence Officer, NCB. 5. The applicant thereafter filed another application being criminal application no. 1196/2008 for modification of the above condition of bail. This court -: 3 :- by the order passed on 2nd December, 2008 modified the condition regarding reporting to the NCB office and the applicant was allowed to report office of Intelligence Officer, NCB Mumbai once in a month on first Monday of very English calender month between 10 a.m. to 1 p.m.. The applicant was also permitted to reside at Mandsaur in Madhya Pradesh on the condition that he shall furnish his contact address in Mumbai as well as in Mandsaur to the Intelligence Officer, NCB, Mumbai as a pre-condition. Besides the applicant was also directed to report in the office of NCB at Indore, M.P. on successive Mondays (except first Monday of the English calender month) between 10 a.m. to 12 p.m. till further orders to be passed by this court and / or disposal of the appeal. 6. Now the applicant has come out with the case that he is a resident of Mandsaur, Madhya Pradesh and is a farmer by profession. It is further submitted that it is very difficult for him to report the office of NCB at Indore twice in a month inasmuch as the distance between Mandsaur and the NCB Office at Indore is about 250 kilo meters. In the premises, it is submitted that the condition regarding attendance to the NCB at Indore, M.P. be relaxed. 7. The learned counsel for the Union of India, the -: 4 :- respondent no.1, submitted that she has no objection if the condition regarding applicant’s reporting to the NCB, Indore is relaxed. However, she submitted that the applicant be directed to furnish his contact address in Mumbai as well as in Mandsaur, M.P. to the NCB office at Mumbai, afresh. 8. In view of the consession given by the learned counsel for the respondent no.1 coupled with the fact that the applicant is a farmer, residing at Mandsaur, Madhya Pradesh and distance between Mandsaur to NCB office, Indore is about 250 kilometer approximately, I am inclined to relax the condition regarding applicant’s attendance to the office of NCB, Indore, M.P.. In above facts and circumstances, I dispose of this application by passing following order : i. The condition regarding applicant’s attendence to N.C.B. Office at Indore twice in the month is relaxed. However, the applicant shall furnish his contact address at Mumbai as well as Mandsaur, M.P. to the Intelligence Officer, NCB, Mumbai within a period of three weeks from today. ii. It is made clear that the rest of the conditions imposed on the applicant while enlarging him on bail -: 5 :- by the orders dated 10th of April, 2008 and 2nd of December, 2008 to remain as it were and those are not disturbed or modified. 9. Application is disposed of on the above terms. (R.V.MORE,J.) .....