Dt.04.05.2024
Cri. BA 661/24
CORAM: H.H.NDPS SPL. JUDGE SHRI A.V. KHARKAR(C.R. No.42)
Adv Shreerath Kamath for applicant present.
APP Mr. Wajeed Shaikh for State present.
The following order is passed.
Order
1. Heard both the sides. Perused the say filed by the
prosecution.
2. This is an application for bail by applicant/accused Mohd.
Afroz Habib Qureshi who has been arrested by officers of Shivaji Nagar
Police Station in Special LAC/CR.No.170 of 2024, for the offence
punishable under Section 8(c) read with Sections 22 and 29 of the
Narcotic Drugs and Psychotropic Substance Act, 1985, (for short,
‘NDPS Act’).
3. The case of the prosecution is that on 28.10.2023 during the
routine course of patrolling the police party saw the applicant. He was
standing on a public road carrying a bag. Out of suspicion, police
stopped him and searched him. He was found carrying 10 bottles of
Codeine Phosphate. He disclosed that he had brought the bottles from
the accused No.2 Samir. The accused No.2 was arrested, but on the
perusal of the say by the Investigating Officer nothing was shown to be
recovered from him. Rather the say, is silent about any recovery from
the accused No.2. In such case, the only recovery is from the accused
No.1. He has been prosecuted for violation of the NDPS Act.
4. The counsel for the accused has submitted that seized
quantity is a non commercial quantity and hence, bar of Section 37 of
the NDPS Act would not apply. Moreover, there is non compliance with
the statutory provisions regarding search and seizure. He is seeking
bail.
5.APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected. He has
pointed that the quantity of contraband is just below the commercial
quantity.
6. The seized contraband is non commercial quantity. Hence,
bar of Section 37 of the NDPS Act would not apply. Considering the
quantity of contraband seized and that there are no criminal
antecedents. Therefore, there is no impediment to release the accused
on bail. Hence, the following order is passedOrder
1. Criminal Bail Application No.661 of 2024 is hereby allowed.
2. Applicant/Accused Mohd. Afroz Habib Qureshi, being accused in
Special LAC./CR.No.170 of 2024, registered with Shivaji Nagar Police
Station, for the offence punishable under Section 8(c) read with
Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, be released on furnishing solvent surety and P.R. bond of
Rs.70,000/- (Rupees Seventy Thousand Only).

3. The applicant/accused and his surety shall provide their respective
residential addresses, mobile numbers and email addresses, if any.
4. The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5. To ensure that the applicant/accused does not flee, he is required to
mark his presence with Shivaji Nagar Police Station, on every Tuesday
and Thursday between 11.00 a.m. and 4.00 p.m., until further order.
6. Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7. The applicant/accused shall not commit offence of similar nature.
8. Criminal Bail Application No.661 of 2024 is disposed off.
Spl Judge