NDPS BA No.729/2023
..1..

in NDPS RA No.1057/2023
MHCC020125522023
Presented on
: 22-08-2023
Registered on : 22-08-2023
Decided on
: 11-09-2023
Duration
: 20 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.729 OF 2023
IN
NDPS REMAND APPLICATION NO.1057 OF 2023
Mrs. Aayesha Sajid Shaikh @ Bindu Ajay
Nisad
Aged : 45 years, Occ: Housewife,
R/at : Room No.123, Lal Mitti Parisar,
Nurgis Dutta Nagar, K.C. Marg, Opp.
Telephone Exchange Bandra West,
Mumbai 400 050.

)
)
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of Bandra police station, )
Mumbai, vide C.R. No.1162/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. R.R. Mishra, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.729/2023
..2..

in NDPS RA No.1057/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 11/09/2023
ORAL ORDER
This is an application taken out by applicant/accused Mrs.
Aayesha Sajid Shaikh @ Bindu Ajay Nisad under section 439 of Code of
Criminal Procedure for enlarging her on bail in C.R. No.1162/2023
registered at Bandra police station, Mumbai for the offences punishable
under section 8(c) r/w section 21(b) and section 29 of Narcotic Drug
and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS
Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused and
no other bail application of the applicant/accused is pending in any
higher Court in respect of the above Crime No.1162/2023. Learned
Advocate for applicant/accused argued that, as per prosecution case on
09/08/2023, 127 gram Heroin was recovered from the possession of
the applicant/accused and during investigation it revealed that,
applicant/accused in collusion with the wanted accused used to sale the
contraband. Therefore, offence punishable under section 8(c) r/w
section 21(b) and section 29 of the NDPS Act is registered against them.
The quantity of contraband alleged to be recovered from the possession
NDPS BA No.729/2023
..3..

in NDPS RA No.1057/2023
of the applicant/accused is intermediate quantity. Therefore, rigours of
section 37 of NDPS Act are not applicable. Applicant/accused is not
having any criminal antecedents. The applicant/accused is ready to
abide all conditions which the court may impose. Therefore, Ld.
Advocate for the applicant/accused prayed that, applicant/accused be
released on bail.
Ld. Advocate for the applicant/accused kept his reliance on
the following citation :
No.1
Sami Ullaha Vs. Superintendent, Narcotic
Central Bureau, in Criminal Appeal
No.1748/2008 (arising out of SLP (Cri.)
No.2175/2008), dated 07/11/2008 of
Hon’ble Apex Court. 2009 Cri. L.J. 1306.

Court has gone through the observations made therein.
4.

On the other hand, Ld. APP argued that, 127 gram Heroin
was recovered from the possession of the applicant/accused. The
quantity of contraband recovered from the possession of the
applicant/accused is much more than the small quantity. The
applicant/accused is also having criminal antecedent. One offence
punishable under the NDPS Act is registered against her. Investigation
revealed that, applicant/accused used to sale the contraband and used
to purchase the contraband from the wanted accused. Wanted accused
is yet to be arrested. Investigation of the crime is yet to be completed.
Release of the applicant/accused at this stage may hamper the
investigation. Moreover, the applicant/accused is likely to commit
similar offences. Therefore, Ld. APP submitted that, application be
rejected.

NDPS BA No.729/2023
5.

From
the
..4..

matter
on
in NDPS RA No.1057/2023
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(b) and section 29 of NDPS Act, 1985.
The quantity of contraband recovered from the applicant/accused is
intermediate quantity. From prima facie appreciation of material on
record, it reveals that, the applicant/accused is a drug peddler and
involved in the sale of the contraband. The quantity of contraband
recovered is much more than the small quantity. Applicant/accused has
previous criminal antecedent. From appreciation of the material on
record, there appear involvement of the applicant/accused in present
crime and there appear positive material to indicate nexus between
applicant/accused and wanted accused. Considering the matter on
record
there
appear
no
substance in
the
contention
of
the
applicant/accused that, there is no positive material on record to show
that, applicant/accused and wanted accused had no any nexus and they
had not hatched any conspiracy.
6.

Admittedly, till date investigation is not completed. Prima
facie there is no material on record, so as to doubt genuineness of the
prosecution case. Prima facie there appear no inherent infirmities or
improbability in the prosecution case. Considering the nature of offence
the possibility that, after release of the applicant/accused, the
applicant/accused may tamper the prosecution witnesses or influence
the witnesses or may involve in commission of such offences cannot be
ruled out at this stage. Moreover, considering the quantity of the
contraband seized and the facts of the case free, fair and full
investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. Therefore, at this stage there appear necessity for
NDPS BA No.729/2023
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in NDPS RA No.1057/2023
the further detention of the applicant/accused for facilitating further
investigation.

7.

Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the wanted accused. At this stage
high degree of evidence is also not required to establish the conspiracy.
At this stage prima facie applicant/accused also failed to demonstrate
that, he is not involved in the crime.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.
ORDER
1.

NDPS Bail Application No.729/2023 of applicant/accused Mrs.

NDPS BA No.729/2023
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in NDPS RA No.1057/2023
Aayesha Sajid Shaikh @ Bindu Ajay Nisad in C.R. No.1162/2023
in NDPS RA No.1057/2023, is rejected.
2.

NDPS Bail Application No.729/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.09.13
11:51:57 +0530
Date : 11/09/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
11/09/2023
Transcribed on
:
11/09/2023
Checked on
:
12/09/2023
Signed on
:
12/09/2023
NDPS BA No.729/2023
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in NDPS RA No.1057/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
13.09.2023
TIME
NAME OF STENOGRAPHER
11.48 a.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

11/09/2023
Judgment/order signed by P.O
on
12/09/2023
Judgment/order uploaded on
13/09/2023