NDPS BA No.996/2023
..1..

in NDPS RA No.587/2023
MHCC020167562023
Presented on
: 04-11-2023
Registered on : 04-11-2023
Decided on
: 07-11-2023
Duration
: 03 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.996 OF 2023
IN
NDPS REMAND APPLICATION NO.587 OF 2023
Amaan Shahid Ansari
Aged : 23 years, Occ: R/at : G-2, Zarine Place, 1st Tank Lane,
Goher Bakery, Orlem, Malad (West),
Mumbai.

)
)
)
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra
)
(At the instance of ANC Kandivali Unit, )
Mumbai, vide C.R. No.39/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Kiran Gogawale, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.996/2023
..2..

in NDPS RA No.587/2023
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 07/11/2023
ORAL ORDER
This is an application taken out by applicant/accused No.2
Amaan Shahid Ansari under section 439 of Code of Criminal Procedure
for enlarging him on bail in C.R. No.39/2023 registered at ANC,
Kandivali Unit, Mumbai for the offences punishable under section 8(c)
r/w section 22(c) and section 29 of Narcotic Drug and Psychotropic
Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

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

Learned Advocate for applicant/accused No.2 submitted
that, this is the first bail application taken out by the applicant/accused
No.2. No other bail application taken out by the applicant/accused in
respect of the present crime is pending in Hon’ble High Court or any
superior court. Learned Advocate for applicant/accused argued that, it
is case of the prosecution that, on 29/04/2023, 57 gram Mephedrone
(MD) was recovered from the possession of the co-accused No.1 and 23
gram Mephedrone (MD) was recovered from the possession of the
applicant/accused No.2. Therefore, offences punishable under section
8(c) r/w section 22(c) and section 29 of NDPS Act, 1985 is registered
against the applicant/accused and co-accused. The applicant/accused
No.2 is falsely implicated. Moreover, CA report of the contraband
NDPS BA No.996/2023
..3..

in NDPS RA No.587/2023
received in the present crime is negative. Therefore, there are
reasonable grounds to believe that, applicant/accused is not guilty of
the offence alleged to have been committed by him. Co-accused is
already released on bail. Applicant/accused is permanent resident of
Mumbai. Applicant/accused is ready to abide by all conditions which
the court may impose. Therefore, Ld. Advocate for applicant/accused
prayed that, applicant/accused be released on bail.
4.

On the other hand, Ld. APP conceded the fact that, CA
report of the contraband recovered in the present crime is received and
it is negative. Ld. APP submitted that, the respondent had filed
application for re-testing of the sample through the Forensic Laboratory
at Hydrabad bearing NDPS Misc. Application No.1418/2023 and it is
allowed on 27/10/2023. In view of the negative report of the Regional
Forensic Science Laboratory the respondent has no objection for
releasing the applicant/accused on bail. Hence, Ld. APP submitted to
pass appropriate order.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(c) and section 29 of NDPS Act, 1985.
Punishment provided for the above offence may extend to 20 years and
with fine which may extend to Rs. One lakh only. Admittedly, the
cumulative quantity of contraband alleged to be recovered from the
possession of the applicant/accused and co-accused is commercial
quantity. Admittedly, CA report of the contraband received in the
present crime is negative. As the Chemical Examination Report of the
contraband recovered in the present crime is negative prima facie there
appear no substance in the prosecution case that, the contraband
NDPS BA No.996/2023
..4..

in NDPS RA No.587/2023
recovered from the applicant/accused and the co-accused in the present
crime is Mephedrone (MD). Moreover, prosecution had taken out the
NDPS Misc. Application No.1418/2023 for permission to re-test sample
in the present crime. So there are reasonable grounds to believe that,
applicant/accused is not guilty of the offence alleged to have been
committed by him. Moreover, the applicant/accused is not having any
criminal antecedents. The respondent has also given no objection for
releasing the applicant/accused on bail as the CA report is negative.
Therefore, in view of negative CA report and above facts bar provided
under section 37 of the NDPS Act is lifted. There are material infirmities
in the prosecution case.
6.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused has co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
NDPS BA No.996/2023
..5..

in NDPS RA No.587/2023
likely to be prejudicial either to fair investigation or to the interest of
society at large. Therefore, there appear justifiable grounds for releasing
the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS Bail Application No.996/2023 in NDPS RA No.587/2023,
is allowed.

2.

Applicant/accused No.2 Amaan Shahid Ansari, be released on
bail in C.R. No.39/2023 for offence under section 8(c) r/w
section 22(c) and section 29 of NDPS Act, 1985 registered by
ANC Kandivali Unit, Mumbai on executing personal bond of
Rs.50,000/- only (Rs. Fifty thousand only) with one surety in like
amount on the following conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.

NDPS BA No.996/2023
3.

..6..

in NDPS RA No.587/2023
NDPS Bail Application No.996/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 07/11/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.11.09
13:12:26 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
07/11/2023
Transcribed on
:
07/11/2023
Checked on
:
07/11/2023
Signed on
:
08/11/2023
NDPS BA No.996/2023
..7..

in NDPS RA No.587/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
09.11.2023
TIME
NAME OF STENOGRAPHER
01.00 p.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.

07/11/2023
Judgment/order signed by P.O
on
08/11/2023
Judgment/order uploaded on
09/11/2023