NDPS BA No.773/2023
..1..

in NDPS RA No.1084/2023
MHCC020133412023
Presented on
: 04-09-2023
Registered on : 04-09-2023
Decided on
: 22-11-2023
Duration
: 02 M, 18 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.773 OF 2023
IN
NDPS REMAND APPLICATION NO.1084 OF 2023
Anwar Afsar Sayyed
Aged : 42 years, Occ:
R/at : Gandhi Nagar, Ramjanki Mandir
Near Kapupada Pipeline, Mumbai.

)
)
)
) .. Applicant/accused
V/s.
The State of Maharashtra
(At the instance of Sakinaka police
station, Mumbai, vide Spl. LAC/C.R.
No.787/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Archana Pandey, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 22/11/2023
NDPS BA No.773/2023
..2..

in NDPS RA No.1084/2023
ORAL ORDER
This is an application taken out by applicant/accused
Anwar Afsar Sayyed under section 439 of Code of Criminal Procedure
for enlarging him on bail in Spl. LAC/C.R. No.787/2023 registered at
Sakinaka police station, Mumbai for the offences punishable under
section 8(c) r/w section 22(c), section 27A 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 argued that, this is
the first bail application taken out by the applicant/accused and no
other bail application of the applicants/accused is pending in any higher
Court in respect of the above Spl. LAC/C.R. No.787/2023. Learned
Advocate for applicant/accused argued that, on 08/08/2023, 10 gram
Mephedrone (MD) was recovered from the possession of the
applicant/accused and during investigation he disclosed that, he
procured the said contraband from the co-accused Javed Ayub Khan and
from the co-accused Javed Ayub Khan 60 gram Mephedrone (MD) was
recovered and thereafter, from the co-accused Mohd. Asif Nasir Shaikh
10 gram Mephedrone (MD) was recovered and from the co-accused
Iqbal Mohd. Ali Shaikh 20 gram Mephedrone (MD) was recovered.
Therefore, offence punishable under section 8(c) r/w section 22(c),
section 27A and section 29 of the NDPS Act is registered against the
applicant/accused and the co-accused. Quantity
of contraband
recovered from the applicant/accused is intermediate quantity. The
NDPS BA No.773/2023
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in NDPS RA No.1084/2023
applicant/accused has no nexus with the co-accused. There is no
positive material on record which indicates the nexus between the
applicant/accused and the co-accused and that applicant/accused had
hatched any conspiracy with the co-accused. The applicant/accused is
resident of Mumbai and he 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.
4.

On the other hand, Ld. APP argued that, 10 gram
Mephedrone (MD) was recovered from the conscious possession of the
applicant/accused and as per the disclosure statement of the
applicant/accused and at his instance the co-accused Javed Ayub Khan
was arrested and from his possession 60 gram Mephedrone (MD) was
recovered and at the same time 10 gram Mephedrone (MD) was
recovered from the co-accused Mohd. Asif Nasir Shaikh and he
disclosed that, he had procured the said Mephedrone (MD) from one
Arif Chinna, Hasan and Ajmal and co-accused No.4 Iqbal Mohd. Ali
Shaikh had taken Mephedrone (MD) from him for sale. On basis of the
said information co-accused No.4 Iqbal Mohd. Ali Shaikh was
apprehended and 20 gram Mephedrone (MD) was recovered from his
possession. The cumulative quantity of contraband recovered from the
possession of the accused is commercial quantity. Investigation revealed
that, the applicant/accused and the co-accused are drug peddlers and
there are having nexus with each other. Investigation may be hampered
if he released on bail. Therefore, Ld. APP submitted that application be
rejected.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(c), section 27A and section 29 of
NDPS BA No.773/2023
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in NDPS RA No.1084/2023
NDPS Act, 1985. The cumulative quantity of contraband recovered from
the applicant/accused and co-accused is commercial quantity. From
prima facie appreciation of material on record, it reveals that, the
applicant/accused is drug peddler and involved in the sale of the
contraband. In the present case it appears that, there is positive material
which indicates the nexus between applicant/accused and the coaccused which indicates the 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 are
released at this stage. Therefore, at this stage there appear necessity for
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 are involved in the
drug peddling and having nexus with the co-accused. At this stage high
NDPS BA No.773/2023
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in NDPS RA No.1084/2023
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
they are 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.773/2023 of applicant/accused Anwar
Afsar Sayyed in Spl. LAC/C.R. No.787/2023
in NDPS RA
No.1084/2023, is rejected.
2.

NDPS Bail Application No.773/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 22/11/2023.

Digitally signed by
KIRAN PRAKASH
KSHIRSAGAR
Date: 2023.11.28
12:31:00 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
22/11/2023
Transcribed on
:
22/11/2023
Checked on
:
22/11/2023
Signed on
:
23/11/2023
NDPS BA No.773/2023
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in NDPS RA No.1084/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
28.11.2023
TIME
NAME OF STENOGRAPHER
12.28 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.

22/11/2023
Judgment/order signed by P.O
on
23/11/2023
Judgment/order uploaded on
28/11/2023