NDPS RA 935/2018
1
BA 737/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 737 OF 2018
IN
NDPS REMAND APPLICATION NO. 935 OF 2018
Firoz Kasam Shaikh @ Firoz Billi
Age 42 years, Occ.: Labour,
R/A V­210, Khaja Naka, Patra Chawl,
Ambujwadi, Malwani, Malad (W),
Mumbai.

… Applicant
/ Accused
Vs.
The State of Maharashtra
(at the instance of Malwani Police Station
in C.R./LAC No. 323/2018).

… Respondent.

Appearance:
Ld. Advocate Mr. V. P. Shinde for the applicant/ accused.
Ld. APP Mr. Panjwani for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 20th OCTOBER, 2018.
ORAL ORDER
This is an application for bail filed by applicant/ accused
Firoz Kasam Shaikh @ Firoz Billi on account of his arrest by the officers
of the Malwani Police Station for commission of offences punishable
u/s. 8(c) r/w 20(b) of NDPS Act, 1985.
2.

The prosecution case in nutshell reveals that the officers of
respondent received an information from the reliable source that the
present applicant is dealing with contraband called ganja and he is
about to come at the given spot for selling the same to his customers.

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BA 737/2018
Hence, the raid was arranged at the spot given in the information and it
is alleged that the present applicant/accused was found having in his
possession 5 Kg of ganja. Thereafter, the applicant/accused was placed
under arrest for violation of provision of NDPS Act,1985 as above. After
cessation of his police custody, presently he is in judicial custody.
3.

The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. It is specifically contended that the
alleged quantity of ganja seized from the possession of the present
applicant comes under the category of non­commercial quantity and
therefore, the bar of Section 37 of the NDPS Act does not get attracted.
So, also the applicant/accused is permanent resident of Mumbai and
having deep roots in the society. He is ready to abide by the conditions
imposed by this Court, while releasing him on the bail. Investigation is
almost completed. On these grounds it is prayed that applicant/accused
be enlarged on bail.
4.

The respondent/State contested the petition by filing reply
dated 16/10/2018 as well as on the application itself.

It is mainly
contended that the contraband has been seized from the possession of
the accused by strictly following the provision of NDPS Act.

He is
habitual offender. There are 14 criminal cases pending against him. It
is further contended that the applicant is selling contraband articles and
therefore, if released on bail he may indulge into similar activity in
future. On these grounds it is prayed that the application be rejected.
5.

Heard Ld. Advocate Mr. Shinde for applicant & the Ld. APP
Mr. Panjwani for the State, at length.

NDPS RA 935/2018
6.

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BA 737/2018
It is submitted by the Ld. Defence Counsel that the quantity
of ganja allegedly seized at the instance of applicant/accused is the
below commercial quantity, as per the details reflected in the remand
papers as well as in the reply and therefore, primarily the bar as
contemplated u/s.37 of the NDPS Act, does not attract. It is further
contended as per documentary evidence, in the form of true copy of
AADHAR Card and electricity bill, which are placed on record, the
applicant is having permanent place of residence and therefore, he will
not abscond, if released on bail.

As such he requested to release the
applicant on bail. Per contra the Ld APP Mr. Panjwani objected granting
of the application on the grounds reflected in the reply.
7.

I have carefully gone through submissions of both the sides
and record. It can be gathered from the material placed on record that
the applicant is allegedly found having in his possession 5 Kg of ganja
which is above the small quantity but technically it is intermediate
quantity i.e. non­commercial quantity. Naturally the bar under section
37 of the NDPS Act does not get attracted.
8.

It is equally a matter of record that since his arrest on
26/09/2018 he is in the custody and by this time the investigation in
the matter might have been almost competed, except the collection of
the CA Report from competent authority. Thereby, there is no likelihood
of tampering with the evidence or otherwise. Now nothing is to be
recovered or discovered on pointing out of the applicant. The
conclusion of the trial in the present case would take sufficient long
time and it is not desirable to keep the applicant behind the bars till
then. Under these circumstances his further detention in the judicial
custody appears to be unwarranted. Applicant has placed on record
verified copy of AADHAR Card as well as electricity bill which
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BA 737/2018
demonstrates that he has fixed place of residence and as such there is
minimal chance of his abscondance. No doubt it is reflected in the reply
that almost 14 crimes are registered against the applicant, but they all
are triable my Metropolitan Magistrate. So also there is no record to
show that the applicant is previous convict. Under these circumstances,
merely on account of the above noted criminal antecedents, bail
application of the present applicant cannot be straight way rejected.
However, stringent conditions can be imposed.

In view of forgoing
discussion, I conclude that application deserves to be allowed and the
interest of prosecution can be secured by imposing following stringent
conditions :
ORDER
1.

Bail
Application
No.

737/2018
in
NDPS
Remand
Application No. 935/2018 is hereby allowed.
2.

The applicant/ accused­ Firoz Kasam Shaikh @ Firoz Billi,
in C.R/LAC No. 323/2018 registered with Malwani Police Station,
be released on bail on his executing P.R. Bond of Rs.75,000/­ (Rs.
Seventy Five Thousand only), with one or two sureties in the like
amount.
3.

The applicant/accused shall not directly or indirectly
dissuade any of the prosecution witnesses from deposing in the
Court or tamper with the prosecution evidence in any way.
4.

During bail he shall not indulge into any criminal activity.

5.

Bail Application stands disposed off accordingly.

20.10.2018.
Typed on
: 20.10.2018.
Checked on : 20.10.2018.
Signed on
: 20.10.2018.

(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.

NDPS RA 935/2018
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BA 737/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
24.10.2018, 12.30 pm.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 20.10.2018.

JUDGMENT/ORDER
P.O. on
by 20.10.2018.

signed
JUDGMENT/ORDER uploaded on
24.10.2018.