BA 1091.23
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MHCC020190822023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLN. NO. 1091 OF 2023
IN
C. R. No. 681/2023
Abid Bilal Hamid Latif
Age : 36 years
R/at : Room No.304,
Aashiyana Building, Teregalli,
Versova Gaon, Andheri (W),
Mumbai – 400 061.

… Applicant
V/s.
State of Maharashtra
(Versova Police Station
C.R. No. 681/2023)
… Respondent
Appearance :Mr. A. N. Shaikh i/b Behal Kapil, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : H.H. THE SPECIAL JUDGE
SHRI B. Y. PHAD (C.R.44)
DATE :
05.01.2024
ORDER
This application, filed by accused Abid Bilal Hamid Latif
under section 439 of the Code of Criminal Procedure, has been
submitted in relation to Crime No. 681/2023, registered at the Varsova
Police Station under sections 8(C) read with section 22(B) of the NDPS
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Act, 1985. The applicant was arrested on December 3, 2023.
2.

The applicant claims to have been falsely implicated in this
case and asserts that there is no incriminating evidence against him, the
alleged muddemal property, 5 grams of MD, recovered from the
applicant, is a small quantity, the applicant is an employee of a company
and is an HIV patient thus his prolonged detention would deteriorate
his health, he is a permanent resident of Versova, Andheri (W),
Mumbai, and his elderly mother is fully dependent on him. Therefore,
he requests to be released on bail.
3.

The application has been opposed by the investigating
officer in a response filed as Exhibit 2. It is contended that complainant
a police constable, while on duty on December 3, 2023, his senior Police
Inspector Ganesh Pawar verbally instructed him and other staff to patrol
and act against individuals selling narcotics. At approximately 16:50
hours, a person was found standing suspiciously at ‘Posha Nakawa
Maidan’, Yari Road, Versova, Andheri (W), Mumbai. When approached
by the police, the individual attempted to flee but was apprehended.
During his personal search, a transparent white plastic pouch containing
a gray powder, identified as Mephedrone by smell by the police and
witnesses, was recovered from his pocket. The substance weighed 5
grams and was seized following proper procedures. Accordingly the
crime is reported and registered. If the applicant is released on bail, he
may reoffend or abscond. Therefore the application may be rejected.
4.

Shri A.N. Shaikh, learned counsel for the applicant,
contends that the applicant has not committed any crime and has been
falsely implicated. He questions the validity of the prosecution’s case,
noting the absence of a field test and the reliance solely on a smell test
for identification of the contraband. He argues that the small quantity of
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the seized contraband does not warrant the application of the rigorous
provisions of section 37 of the NDPS Act. The applicant has a clean
record and is a permanent resident of Versova Mumbai. He is an
employee of a reputed company and patient of HIV. Thus, the counsel
requests the applicant’s release on bail with the imposition of surety as
per the conditions of the bail bonds.
5.

On the other hand, Learned Additional Public Prosecutor
Shri Erande argues that the offense is serious and non-bailable. Despite
the total quantity of contraband being less than commercial quantity,
the seriousness of the crime does not entitle the applicant to bail. There
is a risk of the applicant tampering with prosecution evidence and
pressuring witnesses if released.
6.

Considering the submissions from both sides and noting the
applicant’s clean antecedent, quantity allegedly seized is far less than
commercial quantity, the accused is a patient of HIV and appears to be
well rooted into society, I am of the opinion that it is appropriate to
release the applicant on bail under stringent conditions. Hence, I
proceed to pass the following order.
ORDER
1. The applicant/accused Abid Bilal Hamid Latif, arrested in
Crime No.681/2023, shall be released on bail upon executing
a personal bond of Rs. 60,000/- (Rs. Sixty Thousand only),
along with a solvent surety bond of the same 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 Varsova
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Police Station every Sunday between 10.00 a.m. to 11.00
a.m., till filling of the final report without fail.
b. The applicant/accused is prohibited from leaving the
jurisdiction of Mumbai without explicit permission from the
investigation officer or the Court. The accused is also
required to surrender his passport if any to the investigating
officer immediately.
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 accused
shall not tamper with any evidence or documents related to
the case.
d. The applicant/accused must maintain a stable residence at
his current address in Versova, Andheri (W), Mumbai, and is
required to inform the court and the investigating officer of
any change in his residential address.
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
does 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
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investigating officers related to the case.

2.

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

Date : 05.01.2024
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 05.01.2024
Transcribed on : 06.01.2024
Signed on
: 06.01.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
08.01.2024
TIME
NAME OF STENOGRAPHER
11.30 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
Judgment/order uploaded on
05.01.2024
06.01.2024
08.01.2024