BA 1069.23
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MHCC020185382023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 1069/2023
IN
C. R. NO. 1033 OF 2023
Mohammad Qayum Khaleel Qureshi
Age : 60 years, Occupation : Laborer
R/o : D line, Sanjay Nagar, Govandi,
Shivaji Nagar, Mumbai – 400 043.
V/s.
The State of Maharashtra
(Shivaji Nagar Police Station)
… Applicant/accused
… Respondent
Appearance :Ms. Munira Palanpurwala, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
18.01.2024
ORDER
This is an application for the grant of regular bail under
Section 439 of the Code of Criminal Procedure, 1973, in connection
with Crime No. 1033/2023, registered under Sections 8 (c) r/w 20 of
the Narcotic Drugs and Psychotropic Substances Act, 1985, at Shivaji
Nagar Police Station, Mumbai.

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2
The applicant claims that he has not committed any crime
and that he has been falsely implicated in this case. The quantity
allegedly seized from the applicant/accused is 7 kgs. 100 gms. of Ganja,
which is a non-commercial quantity. The applicant is the only
breadwinner of his family. The applicant is a permanent resident of
Mumbai. He is ready to abide by the terms and conditions of the bail
bonds and furnish surety as directed by this Court. Therefore, the
applicant requests to be released on bail.
3.

This application has been opposed by the Investigating
Officer, who filed a reply at Exh.2. It is contended that the applicant was
found in possession of 7100 gms. of Ganja, which was seized by
following due procedure, and that the accused was arrested. The
applicant is not co-operating in the investigation of the crime. The
investigation is yet to be completed. The offence is serious. If the
applicant is released on bail, he may commit a similar offence.
Therefore, the bail application should be rejected.
4.

The learned counsel for the applicant submits that the
applicant has not committed any crime. He has been falsely implicated
in this case. The contraband allegedly seized from the applicant is a
non-commercial quantity. The applicant is ready to furnish surety and
abide by all the conditions. He has clear antecedents and a permanent
place of abode. Therefore, the applicant should be released on bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
submits that the offence is serious. The investigation is yet to be
completed. If the applicant is released on bail, he may tamper with the
prosecution evidence and pressure the witnesses.

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3
Considering the submissions from both sides and the fact
that the applicant/accused is an old- aged person, and that the quantity
of the contraband allegedly seized from the applicant is a noncommercial quantity, and that the applicant has no criminal antecedent
and appears to have a permanent place of abode, in my opinion, it
would be proper to release the applicant on bail by imposing stringent
conditions. Hence, I proceed to pass the following order.
ORDER
1. Bail Application No. 1069/2023 is hereby allowed.
2. The applicant/accused Mohammad Qayum Khaleel Qureshi, arrested
in Crime No. 1033/2023, shall be released on bail upon executing a
personal bond of Rs. Sixty Thousand, along with one or two solvent
surety bond/bonds of the said amount, to ensure his appearance at all
required times during the legal proceedings, subject to the following
conditions:
a.

The applicant/accused is directed to report to the Shivaji
Nagar Police Station every Sunday between 10.00 a.m. to 11.00 a.m.,
till filling of the final report without fail.
b.
jurisdiction
The applicant/accused is prohibited from leaving the
of
Mumbai
without
explicit
permission
from
the
investigating officer or the Court.
c.

The applicant/accused is strictly prohibited from making
any form of contact with co-accused, witnesses, or any individuals
directly associated with the case. The applicant/accused shall not
tamper with any evidence or documents related to the case.

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d.

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The applicant/accused must maintain a stable residence at
his current address in Govandi, Shivaji Nagar, Mumbai, and is required
to inform the court and the investigating officer of any change in his
residential address. The accused shall furnish his active mobile number
to the Investigating Officer and shall also immediately report any
change in his mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f.

The applicant/accused shall surrender his passport, if any,
before the Investigating Officer within a week and, if he do not possess
any passport, he shall file an affidavit to that effect before the
Investigating Officer.
g. The applicant/accused is prohibited from engaging in activities
that might be related to the offense registered.
h. The applicant/accused must comply with all reasonable
directions made by law enforcement agencies or investigating officers
related to the case.
i. As per para No.12(1) of the Criminal Manual, the
applicant/accused before release on bail shall furnish the list of three
blood relatives with their detail residential addresses and also the
addresses of their place of work, if any, and shall also produce
documentary proofs showing the correctness of details produced by
him.
2.

Failure to adhere to any of these conditions will result in the
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immediate revocation of bail and may lead to further legal
consequences.

Date : 18.01.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 18.01.2024
: 19.01.2024
: 19.01.2024
: 20.01.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
22.01.2024
TIME
NAME OF STENOGRAPHER
10.40 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
18.01.2024
Judgment/order uploaded on
22.01.2024
20.01.2024