JEREMY MAHEN CHANMUGAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail by Sri Lankan National, who has been detained under Section 41(1)(g) of the Code of Criminal Procedure in connection with SDE NO.6/SIC/2004(286) X1 MHA, CONTROL NO.A. 1911/12-2004 OF INTERPOL and Sahar Police Station, because of Red Corner Notice issued by Interpol, as the applicant was allegedly involved on 7th October, 2004 in possession of 0.56 grams of fragmented vegetable matter containing tetrahydrocannabinol and cannabinol punishable under Section 33 of the Singapore Misuse of Drugs Act, for which the maximum punishment prescribed in Singapore is ten years. Now, as far as possession of 0.56 grams of fragmented vegetable matter in India is concerned, it would be a small quantity which would attract punishment of rigorous imprisonment for maximum six months and in view of Judgment of this Court in Stefan Mueller Vs. State of Maharashtra in Criminal Writ Petition No.2939 of 2009 delivered on 23rd June, 2010, this offence would be bailable.

(2.) THE learned Counsel for the applicant also pointed out that the learned Magistrate, while refusing bail had referred to Chapter III of the Extradition Act. The Government of India Notification dated 20th January, 1972 specifically excludes Chapter III in its applicability to Republic of Singapore.

(3.) IN view of this, the following order is passed. The applicant be released on bail on his furnishing P.R.Bond of Rs.1,00,000/- with one or more solvent sureties in the aggregate sum of Rs.1,00,000/-. The applicant's passport which is with Sahar Police Station may be retained by them and may be lodged, should extradition proceedings commence, in any Court, with that Court. If no such extradition proceeding are initiated within the period stipulated under the Act the pass port may be returned to the applicant. The applicant shall furnish detailed address of the place where he proposes to stay before being bailed out. This address should be provided to the police as well as the learned Metropolitan Magistrate, 22nd Court. The applicant shall not leave India without prior permission of the learned Metropolitan Magistrate, 22nd Court and shall report at the Sahar Police Station every Sunday at 9:00 a.m. till the proceedings are disposed of. Prayer for furnishing cash security in lieu of sureties is accepted for a period of seven days; within which period solvent sureties be furnished.