NDPS BA No.857/2023
..1..

in NDPS RA No.1100/2023
MHCC020146562023
Presented on
: 29-09-2023
Registered on : 29-09-2023
Decided on
: 02-11-2023
Duration
: 01 M, 03 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.857 OF 2023
IN
NDPS REMAND APPLICATION NO. 1100 OF 2023
Shamshuddin Nizamuddin Shah (As per
Aadhar Card)
Shamshuddin Nizamuddin Shah @
Niyajuddin Shaha (As per remand)
Aged about : 22 years, Occ:
R/at : Room No. 421, 4th Floor, Vivek
Apartment, Kalina Road, Kalina Kurla
(West), Mumbai.

)
)
)
)
) ..Applicant/Accused
)
)
)
V/s.
The State of Maharashtra
)
(At the instance of Crime Branch Unit-6, )
Mumbai, vide C.R. No.56/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Nagma Khan, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.857/2023
..2..

in NDPS RA No.1100/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 02/11/2023
ORAL ORDER
This is an application taken out by applicant/accused
Shamshuddin Nizamuddin Shah (As per Aadhar Card) Shamshuddin
Nizamuddin Shah @ Niyajuddin Shaha (As per remand) under section
439 of Code of Criminal Procedure for enlarging him on bail in C.R.
No.56/2023 registered at Crime Branch, Unit-6, Mumbai (C.R.
No.172/2023 registered with Navghar police station, Mumbai) for the
offences punishable under section 420, 465, 468 and 471 of the Indian
Penal Code (here-in-after referred as “IPC”) and for the offences
punishable under section 8(c) r/w section 22(c) section 20 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 submitted that,
this is the first bail application taken out by the applicant/accused and
no other bail application of the applicant/accused is pending in any
higher Court in respect of the above C.R. No.56/2023. Learned
Advocate for applicant/accused argued that, as per prosecution case
only 31 gram Charas is recovered from the possession of the
applicant/accused. Applicant/accused is innocent and he is falsely
NDPS BA No.857/2023
implicated.

The
quantity
..3..

alleged
in NDPS RA No.1100/2023
to
be
recovered
from
the
applicant/accused is intermediate quantity. Applicant/accused is not
having any nexus with the co-accused. There is no positive material on
record to indicate the nexus between the applicant/accused and the coaccused and to show that, applicant/accused hatched any conspiracy
with the co-accused. Applicant/accused is resident of Mumbai. He is
ready to abide all terms and conditions which the court may impose.
Therefore, Ld. Advocate for the applicant/accused prayed that,
applicant/accused be released on bail.
Ld. Advocate for the applicant/accused kept his reliance on
the following citation.

No.1
Sagar Nana Borkar Vs. The State of
Maharashtra, in Criminal Bail Application
No.3636/2022, dated 15.09.2023 of Hon’ble
Bombay High Court.

Court has gone through the observations made therein.
4.

On the other hand, Ld. APP argued that, on 16.08.2023, 62
gram Mephedrone (MD) was recovered from the possession of the coaccused No.1 Sahil Ramzan Ali Khan, 54 gram Mephedrone (MD) was
recovered from the co-accused No.2 Mohammad Azmal Qasam Shaikh,
31 grams Charas was recovered from the possession of the
applicant/accused No.3 Shamshuddin Niazuddin Shah, 20 grams
Mephedrone (MD) was recovered from the possession of the co-accused
No.4 Imran Aslam Pathan, 14 grams Mephedrone (MD) was recovered
from the co-accused No.5 Mohammad Taufiq Shaukat Ali Mansoori and
18 grams Mephedrone was recovered from co-accused No.6 Mohammad
Ismail Salim Siddhiqe who were found in one Car. Moreover, 58 grams
NDPS BA No.857/2023
..4..

in NDPS RA No.1100/2023
Mephedrone (MD) was recovered form co-accused No.7 Sarfaraz Shabir
Ali Khan @ Golden Bhura and 14 grams Charas was found in possession
of co-accused No.9 Priyanka Ashok Karkaur, who were sitting in the car
bearing Registration No.MH-04-GZ-2772. Specific information about the
applicant/accused was received. All the accused persons were found
together in a private car. The cumulative quantity of contraband
recovered in the crime is commercial. Therefore, rigours of section 37 of
the NDPS Act are attracted. There is positive material on record to
indicate the nexus between applicant/accused and the co-accused and
to show that applicant/accused and co-accused had hatched conspiracy.
Applicant/accused is a drug peddler and there is positive material to
show his involvement and nexus with the co-accused. Investigation is in
progress. Section 29 of the NDPS Act is applicable to the present case
and therefore, rigours of section of 37 of the NDPS are also applicable
to the case of applicant/accused and the co-accused. If the
applicant/accused is released on bail at this stage, investigation may be
hampered. 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 20 and section 29 of NDPS
Act, 1985. The cumulative quantity of the contraband recovered from
the co-accused in the present crime is commercial quantity. From the
prima facie appreciation of the matter on record it appears that,
applicant/accused is a drug peddler and there is nexus between the
applicant/accused and the co-accused. The applicant/accused and the
co-accused were traveling in a private car together. Therefore, prima
facie there appear involvement of the applicant/accused in the present
crime and there appear nexus between applicant/accused and the co-
NDPS BA No.857/2023
..5..

in NDPS RA No.1100/2023
accused. Therefore, there appear no substance in the contention of the
applicant/accused that, there is no positive material on record to show
that, applicant/accused and co-accused had no nexus with the coaccused and they had not hatched any conspiracy. From the
appreciation
of
the
material
on
record
it
appears
that,
applicant/accused and co-accused are drug peddler and involved in the
drug trafficking and applicant/accused had active role in the present
crime. Therefore, there appear substance in the contention of the
prosecution that, applicant/accused had nexus with co-accused and the
applicant/accused and co-accused had hatched criminal conspiracy.
Therefore, prima facie section 29 of the NDPS Act is applicable to the
case of applicant/accused and the co-accused. Therefore, rigours of
section 37 of NDPS Act are also applicable to the case of
applicant/accused and the co-accused.
6.

From appreciation of the material on record, it appears that
the applicant/accused has not demonstrated that there are reasonable
grounds to believe that he is not guilty of the offence alleged to have
been committed by him. On the other hand, from prima-facie
appreciation of material on record, there appear reasonable grounds to
believe that the applicant/accused has committed the offence alleged to
be committed by him. Therefore, applicant/accused failed to satisfy the
conditions laid down in section 37 of the NDPS Act. In the present
matter there appear positive material which indicates nexus between
the applicant/accused and the co-accused.
The facts of the judgment relied by the applicant/accused
cited supra are different than the facts of the present case. Therefore, in
the humble opinion of this Court observations therein are not helpful to
the case of the applicant/accused.

NDPS BA No.857/2023
7.

..6..

in NDPS RA No.1100/2023
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,
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 is
released at this stage. Therefore, at this stage there appear necessity for
the further detention of the applicant/accused for facilitating further
investigation.
8.

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 is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
9.

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
NDPS BA No.857/2023
..7..

in NDPS RA No.1100/2023
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
10.

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.857/2023 of applicant/accused No.03
Shamshuddin
Nizamuddin
Shah
(As
per
Aadhar
Card)
Shamshuddin Nizamuddin Shah @ Niyajuddin Shaha (As per
remand) in C.R. No.56/2023 in NDPS RA No.1100/2023, is
rejected.
2.

NDPS Bail Application No.857/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 02/11/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date:
2023.11.06
13:37:11 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
02/11/2023
Transcribed on
:
02/11/2023
Checked on
:
02/11/2023
Signed on
:
04/11/2023
NDPS BA No.857/2023
..8..

in NDPS RA No.1100/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
06.11.2023
TIME
NAME OF STENOGRAPHER
01.00 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.

02/11/2023
Judgment/order signed by P.O
on
04/11/2023
Judgment/order uploaded on
06/11/2023