BA 869/2023
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MHCC020150912023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 869 OF 2023
IN
C. R. No. 770/2023
Mohammed Irfan Kurban Ansari
Age : 34 years,
R/at : 325, Central Railway Compound,
Sanjay Gandhi Nagar,
Sir J. J. Road, Byculla,
Mumbai – 400 008.

… Applicant
V/s.
State of Maharashtra
(Nagpada Police Station)
… Respondent
Appearance :Ms. Saba Gadhiali, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
25.10.2023
ORDER
This is an application filed by applicant – Mohammed Irfan
Kurban Ansari for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested by the officers of respondent on
31.08.2023 in C.R. No. 770/2023 registered at Nagpada Police Station,
Mumbai for offence punishable under sections 8(c) r/w sec. 22(b) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short,
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“the NDPS Act”). Perused bail application and say filed by the
Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Ms. Saba Gadhiali for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 13.09.2023 at about
11.12 a.m., PC informant Rahul Patil attached to Nagpada Police
Station
along with PI Sachin Kadam,
PSI Azaruddin Shaikh, HC
Khedekar and PC Rathod left for patrolling duty by walk within
jurisdiction of Nagpada Police Station. When they reached in front of
Mustafa Palace, Second Pirkhan Street, Nagpada, Mumbai, they saw
one unknown person suspiciously holding black colour plastic bag in his
hand taking shelter behind two wheelers parked on the road near
Electric Poll No.ANR/8/6. Hence, he was apprehended. During enquiry
with him, he stated that he is having narcotic drug MD. Panchas were
called and after completing necessary procedure, his search was
conducted wherein he was found in possession of 27 gms. of MD. Said
contraband came to be seized under panchanama and accused came to
be arrested after registration of the offence.
4.

The applicant is seeking bail on the grounds thatThe
applicant is in jail and there is no progress in the investigation. The
applicant is totally innocent and he has been falsely implicated in the
present crime. Investigating agency has not complied with mandatory
procedure of search and investigation under section 50 of the NDPS Act.
search is not conducted by empowered officer as per section 42 of the
NDPS Act. Recovered MD is under category of intermediate quantity.
House of the applicant was searched by the police, but no suspicious
material was found. There is nothing to be recovered from the
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applicant. There is no legally admissible material on record to connect
the applicant with the crime. The applicant does not have criminal
antecedents. He belongs to the respectable and good family. The
applicant is permanent resident of the address mentioned in the
application. He is sole earning member of his family. If he is kept behind
bar, his entire family will be starving for bread-and-butter. The applicant
is ready to cooperate with investigating machinary as and when
necessary for investigation. He prayed for bail.
5.

Ld. Adv. Ms. Saba Ghadiali for the applicant submitted that
During patrolling duty, the police found the applicant with 27 grams
MD. House of the applicant was searched, but nothing is found. As
intermediate quantity of contraband is seized, bar under section 37 of
the NDPS Act Is not attracted. The applicant is in custody for more than
one month. No purpose will be served by keeping the applicant banned
bias. She prayed to grant bail to the applicant on any terms and
conditions as the court deems fit.
6.

Ld. APP Shankar Erande for the State submitted that The
applicant is a habitual offender. Four offences are registered against the
applicant. Three offences are under provisions of the NDPS Act. While
discharging the patrolling duty, the applicant is apprehended. Section
50 of the NDPS Act is complied with. Then, search of the applicant was
conducted and 27 grams of MD was recovered from his possession.
Supplier of the contraband is not traced out Offence is serious.
Investigation is in progress. He prayed for rejection of the bail
application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered from the applicant. Bar under
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section 37 of the NDPS Act is not attracted. Recovery of contraband is
made from the bag possessed by the accused in his hand. Hence, Sec.
50 is not attracted. The applicant has four criminal antecedents. One
offence is relating to provisions of the IPC. Remaining three offences are
relating to consumption of narcotic drugs under section 27 of the NDPS
Act. Considering the nature of offences in which the applicant was
involved and absence of material to show that he is convicted in either
of these four offences, he can be released on bail. The applicant is
resident of Mumbai. Presence of the applicant can be secured for
investigation as well as trial purpose. Stringent conditions can be
imposed while releasing the applicant on bail in order to serve purpose
of remaining investigation. For all these reasons, the applicant is
entitled to bail. Hence, I pass the following order.
ORDER
1. Bail Application No. 869/2023 is hereby allowed.
2. Applicant/accused Mohammed Irfan Kurban Ansari in C.R. No.
770/2023 of Nagpada Police Station, Mumbai registered under section
8(c) r/w sec. 22(b) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 shall be released on his executing P. R. Bond of Rs. 50,000/(Rs. Fifty Thousand only) with one or more sureties in the like amount.
3. The applicant/accused to attend Nagpada Police Station on every
Monday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile numbers and correct addresses of their respective residences
along with names of two relatives with their mobile numbers and
addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
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bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.50,000/- for the next four weeks from the date of this order.
9. Bail application no. 869/2023 is disposed off accordingly.

Date : 25.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
Dictated on
: 25.10.2023
Transcribed on : 26.10.2023
Signed on
: 27.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
27.10.2023
TIME
NAME OF STENOGRAPHER
11.55 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
25.10.2023
27.10.2023
27.10.2023