IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. BAIL APPLICATION NO.923 OF 2018
IN N.D.P.S. REMAND APPLICATION NO.1059 OF 2018
CNR NO. : MHCC020159822018
Sikandar Rahimbaksh Shaikh @
]
Sikandar Bali,
]
Aged 37 years, Occ.: Labour,
]
R/at Gate No.18, Indira Nagar,
]
Garib Nawaj Zopadpatti, Bandra (E),
]
Mumbai.
]
Accused present in judicial custody.
]
… Applicant/
Accused
V/s.
The State of Maharashtra
]
(at the instance of Anti Narcotic Cell,
]
Mumbai, vide their C.R. No.50 of 2018
]
of ANC, Bandra Unit, Mumbai.
]
… Respondent/
Complainant
CORAM : HIS HONOUR THE SPECIAL JUDGE
M. S. MUNGALE (C.R.NO.44)
DATE : 24th January, 2019.
Shri V. P. Shinde, Ld. Adv. for applicant/accused.
Shri B. G. Rajput, Ld. A.P.P. for respondent/State.
ORDER
1.
The applicant/accused has filed this application under
2
BA 923/18 in RA 1059/18
Section 439 of the Code of Criminal Procedure for release on bail.
2.
As per the prosecution case, by conducting raid against the
applicant/accused on 27/10/2018, below the bridge leading towards
Bandra Terminal, 60 grams Mephedron (M.D.) having value of
Rs.1,80,000/ was seized.
3.
It is contended on behalf of the applicant/accused that at
the place of the incident, drug field test was not conducted and only on
the basis of the alleged information given by the applicant/accused that
the seized powder was Mephedron (M.D.), the applicant/accused was
arrested.
It
is
contended
that
the
confession
given
by
the
applicant/accused in presence of police officers is not admissible in
evidence. On these grounds, the applicant/accused has requested to
release him on bail.
4.
The application is opposed by the Investigating Officer by
filing reply. The Investigating Officer has contended that the
applicant/accused is a habitual offender. Since from the year 1999,
criminal cases were registered against the applicant/accused in Nirmal
Nagar police station, out of which, one criminal case bearing C.R.
No.25/2018 is registered under the Narcotic Drugs and Psychotropic
Substances Act. The Investigating Officer has further contended that in
the year 2014 as well as in the year 2016, externment orders were
passed against the applicant/accused. It is further contended that by
conducting raid against the applicant/accused on 27/10/2018, below
the bridge leading towards Bandra Terminal, the contraband
Mephedron (M.D.) 60 grams was seized from his possession. The said
contraband 60 grams Mephedron (M.D.) is commercial quantity and
3
BA 923/18 in RA 1059/18
therefore, there is bar under Section 37 of the N.D.P.S. Act for grant of
bail to the applicant/accused. On these grounds, the Investigating
Officer has requested to reject the application.
5.
Heard the arguments submitted by the learned Advocate
Shri V. P. Shinde for the applicant/accused and the learned A.P.P. Shri
B. G. Rajput for the respondent/State.
6.
The learned A.P.P. Shri Rajput has contended that no field
drug test for Mephedron (M.D.) is available and as such, field drug test
was not conducted. He has contended that the applicant/accused was
found in suspicious movements, therefore, the raid was conducted
against him and from his possession, the black colour cloth bag
containing white powder was recovered. Police officers suspected it as
the
contraband
and
therefore,
they
made
enquiry
with
the
applicant/accused and he replied that it was intoxicated substance
Mephedron (M.D.). It is further contended by the learned A.P.P. that
the samples of the contraband were drawn and sealed at the place of
the incident itself and sent on the very next day to the Forensic Science
Laboratory for chemical analysis. Yet the report is not received from the
said Laboratory and investigation is in progress. Therefore, the
applicant/accused is not entitled for release on bail.
7.
On the other hand, the learned Advocate Shri Shinde has
contended that only on the basis of alleged reply given by the
applicant/accused, the prosecution is contending that the alleged
powder recovered from the possession of the applicant/accused is
contraband Mephedron (M.D.). He has contended that the confession
given by the applicant/accused before police officer is hit by Sections
4
BA 923/18 in RA 1059/18
25 and 26 of the Indian Evidence Act. Therefore, at least, till the
Chemical Analyser’s report is received, the applicant/accused is entitled
for release on bail. On these grounds, he has requested to grant interim
bail to the applicant/accused.
8.
The
alleged
raid
was
conducted
against
the
applicant/accused on 27/10/2018. As per the contention of the learned
A.P.P., yet the Chemical Analyser’s report is not received. The field drug
test kit for taking test of Mephedron (M.D.) is not available. The
prosecution must be given an opportunity to produce the Chemical
Analyser’s report on record along with the chargesheet. Considering
the fact that 60 grams powder alleged Mephedron (M.D.) was seized
from the possession of the applicant/accused which is commercial
quantity and having punishment for more than ten years, till the
chargesheet and the Chemical Analyser’s report is filed on record, the
contention of the learned Advocate for the applicant/accused for grant
of interim bail cannot be considered. Hence, I pass the following
order :
ORDER
Bail Application No.923/2018 stands rejected and
disposed off accordingly.
Date : 24/01/2019.
Directly typed on Computer on
Signed on
(M. S. Mungale)
N.D.P.S. Special Judge,
City Civil & Sessions Court,
Gr. Mumbai.
: 24/01/2019.
:
5
BA 923/18 in RA 1059/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
28/01/2019 at 3.00 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. M. S. Mungale
Room No.)
(Court Room No.44)
Date
of
Pronouncement
JUDGEMENT/ORDER
of 24/01/2019.
JUDGMENT/ORDER signed by
P.O. on
28/01/2019.
JUDGEMENT/ORDER uploaded on
28/01/2019.