NDPS Spl RA 917/2018
BA 717/2018
1
IN THE SPECIAL COURT FOR NARCOTICS DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO. 717 OF 2018
IN
NDPS SPL. REMAND APPLICATION NO. 917 OF 2018
Mustakeem Mohd. Ali,
Age­21 years, Occ: –,
R/A Saudabi Manzil, Muskan Palli,
Mattul North, Kannur, State­ Kerala.
V/s.
1) ANC, Kandivali Unit, Mumbai.
2) State of Maharashtra.

… Applicant
/Accused.

… Respondents.

Appearance:
Ld. Advocate Mr. Taraq Sayyed 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: 21st NOVEMBER, 2018.
ORAL ORDER
This is an application for bail filed by applicant/ accused­
Mustakeem Mohd. Ali, on account of his arrest by the officers of the
Anti Narcotic Cell, Kandivali Unit, Mumbai for commission of offences
punishable u/s. 8(c) r/w 22(C), 23 and 29 of NDPS Act, 1985.
2.

The prosecution case in nutshell reveals that the officers of
respondent received an information from the authorities of CSI Airport,
NDPS Spl RA 917/2018
BA 717/2018
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Mumbai that the co­accused Furkana along with her baggage came to
passport clearance counter for proceeding to Qatar. Therefore, PI
Kadam noted down the information in the information book as well as
station diary and with the help of dog sniffing squad the 3 baggage of
co­accused Furkana were checked in which 3 story books, 13 wax
bangles and skipping ropes were found in which 465 gms of
psychotropic substance called Amphetamine valued of Rs.23,25,000/­
was found concealed. The same came to be seized and the FIR was
lodged. Accordingly, co­accused Furkana came to be arrested and crime
bearing CR No.41/2018 was registered under aforesaid section of NDPS
Act. During custodial interrogation co­accused Furkana disclosed that,
those trolley bags were given to her by co­accused Tabassum and
Rashid Faras at Hotel Shalimar.

Therefore, both the co­accused
Tabassum and Rashid Faras came to be arrested.

During custodial
interrogation co­accused Rashid Faras disclosed that persons by name
Niyaz, Shoeb, co­accused Abdul Rashid & present applicant/accused
Mustakeem had stayed in Hotel Zhamzham, wherein as per the
direction of applicant/accused Mustakeem the baggages were handed
over to co­accused Rashid Faras who, with the help of co­accused
Tabassum handed over the same to co­accused Furkana at hotel
Shalimar, for carrying the same to Qutar. The present applicant/
accused Mustakeem after cessation of his ANC custody, is in judicial
custody.

3.

The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. There is no recovery of any contraband
either at the spot or during the course of investigation, on pointing out
of the present applicant. The applicant has been thoroughly
NDPS Spl RA 917/2018
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BA 717/2018
interrogated and extension of his judicial custody is unwarranted. He
has been arrested on the statement of co­accused which can not be
categorized as legal evidence. The applicant/accused is permanent
resident of Kerala 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.

On these grounds it is prayed that applicant/ accused be
enlarged on bail.

4.

The respondent/State contested the petition by filing reply
dtd 19/10/32018.

The bail application is mainly objected on the
grounds that the commercial quantity of contraband i.e. 465 gms of
Amphetamine was found in the possession of the co­accused Furkana
and with the help of applicant and his other associates it was being
exported to Qatar from Mumbai. It is further contented that,
investigation is progressive and is at crucial stage. On these grounds it is
prayed for the rejection of the application.
5.

Heard Ld. Advocate Mr. Taraq Sayyed for applicant and the
Ld. APP Mr. Panjwani for the State, at length. The submissions of both
the sides were as per the contents of the application and reply.
6.

I have carefully considered the submissions and record. It
appears that, the information has been noted down in the information
book by the officer by whom it was received and thus prima facie there
appears to be compliance of mandatory provision contained in NDPS
Act.

It is true that, no contraband was actually seized from the
possession of applicant Mustakeem but, during the course of
investigation it has been revealed that, the contraband was handed over
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BA 717/2018
to prime accused Fukrana by co­accused Tabassum and her associate
Rashid Faras. The investigation further reveals that, the contraband
was handed over to co­accused Rashid Faras by applicant Mustakeem
and his associates. Thus, the complicity of the present applicant in the
commission of alleged offences is clearly visible on record, at least at
this stage. In other words, at this stage prima facie there is material on
the record demonstrating applicant’s involvement in the commission of
alleged offences.
7.

The commercial quantity of Amphetamine appears to have
been seized by following due procedure and therefore, the bar of Sec.37
of NDPS Act would certainly get attracted, which debars the applicant
from getting bail. The investigation is not only progressive but, at the
crucial stage and the help of CDR as well as cyber experts is being
taken for completion of the investigation. Similarly, the CCTV footage
is also being scrutinized. The wanted accused persons by name Shoeb,
Niyaz, Munis and Mohasin are yet to be arrested to ascertain the depth
of their complicity in the commission of alleged offences.

In other
words, the charge­sheet is not yet filed and there is material on record
prima facie showing involvement of the applicant in the commission of
alleged offences. The release of the applicant on bail may cause serious
prejudice to the investigation agency.
8.

Considering all these aspects in the considered view of this
court, the release of the present applicant/accused on bail for the
offences which attract stringent rigorous punishment of 20 years is not
at all desirable. Hence, by rejecting the argument advanced on behalf of
the applicant/ accused following order is passed.

NDPS Spl RA 917/2018
BA 717/2018
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ORDER
Bail Application No.717 of 2018 in NDPS Remand
Application No. 917/2017 stands rejected and disposed off accordingly.

21.11.2018.

Typed on
Checked on
Signed on
(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.

:21.11.2018.
:21.11.2018.
:21.11.2018.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
22.11.2018, 05.30 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 21.11.2018.

JUDGMENT/ORDER
P.O. on
by 21.11.2018.

signed
JUDGMENT/ORDER uploaded on
22.11.2018.