NDPS Spl RA 1251/2018
1
BA 973/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 973 OF 2018
IN
NDPS SPECIAL REMAND APPLICATION NO. 1251 OF 2018
1.
Sameer Abdul Kader Shaikh
Age: 25 yrs, Occ.: Tailor,
R/A Rom No. 267, Janta Colony,
Near Mohamadi Masjid,
Gilbert Hill Road, Andheri (E).
2.
Razak Mehboob Chaudhary,
Age: 30 yrs, Occ.: Driver,
R/A Rom No. 303, Saibaba Chawl,
Near Usmaniya Dairy, Gaodevi,
Andheri (E), Mumbai.

Е Applicant
/ Accused
Vs.
The State of Maharashtra,
(Through Vanarai Police Station )
Е Respondent.

Appearance:
Ld. Advocate Mr. Taraq Sayed for the applicant/ accused.
Ld. APP Mr. Tawade for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 7th JANUARY, 2018.
ORAL ORDER
This is an application for bail filed by applicants/accused
Sameer Abdul Kader Shaikh and Razak Mehboob Chaudhary on account
of their arrest by the officers of Vanarai Police Station, Mumbai for
NDPS Spl RA 1251/2018
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BA 973/2018
commission of offences punishable u/s. 8(c) r/w 20, 29 of NDPS Act,
1985.
2.

The prosecution case in nutshell reveals that the officers of
respondent received an information from the reliable source that the
present applicants are going to sell the contraband called ganja of 1500
gm near Ram Mandir Station, Goregaon (E), Mumbai. Hence, the raid
was arranged at the spot given in the information and it is alleged that
the present applicants/accused were found having in their possession
1500 gm of ganja concealed in one cardboard box kept behind the seat
of auto rickshaw.

Thereafter, the applicants/ accused were placed
under arrest for violation of provision of NDPS Act,1985 as above. After
cessation of their police custody, presently they are in judicial custody.
3.

The bail is sought on the ground that applicants/accused
are innocent and falsely implicated in the crime. It is specifically
contended that the
quantity of ganja allegedly seized from the
possession of the present applicants come under the category of nonн
commercial quantity and therefore, the bar of Section 37 of the NDPS
Act does not get attracted. It is further contended that there is nonн
compliance of mandatory provisions of the NDPS Act while conducting
raid. So, also the applicants/accused are permanent resident of Mumbai
and having deep roots in the society. It is further contended that there
is nonнcompliance of Section 50 of the NDPS Act. It is further contended
that the applicant no. 2 is a rickshaw driver and was not aware of the
alleged contraband, therefore no rigors of Section 37 will be attracted
to him. They are ready to abide by the conditions imposed by this
Court, while releasing them on the bail. On these grounds it is prayed
that applicants/accused be enlarged on bail.

NDPS Spl RA 1251/2018
4.

3
BA 973/2018
The respondent/State contested the petition by filing reply
dated 07/01/2019 as well as the APP filed reply on the application
itself. It is mainly contended that the contraband has been seized from
the possession of the accused by strictly following the provision of NDPS
Act. It is further contended that the papers of auto rickshaw used in this
offence are not submitted and CA report is yet to be received. On these
grounds the rejection of the application has been prayed.
5.

Heard Ld. Advocate Mr. Sayed for applicant & the Ld. APP
Mr. Tawade for the State, at length.
6.

It is submitted by the Ld. Defence Counsel that the quantity
of ganja allegedly seized at the instance of applicants/accused is the
nonнcommercial quantity, as per the details reflected in the reply and
therefore, primarily the bar as contemplated u/s.37 of the NDPS Act,
does not attract.

It is further contended the applicants are having
permanent place of residence, as reflected in the remand application as
well as the copies of AADHAR Card, Ration Card and PAN Card and
therefore, they will not abscond, if released on bail.

As such he
requested to release the applicants on bail. Per contra the Ld APP Mr.
Tawade objected granting of the application on the grounds reflected in
the reply.
7.

I have carefully gone through submissions of both the sides
and record. It can be gathered from the material placed on record that
the applicants are allegedly found having in their possession 1.5 Kg of
ganja which is undoubtedly nonнcommercial quantity. Naturally the
bar under section 37 of the NDPS Act does not get attracted.

NDPS Spl RA 1251/2018
8.

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BA 973/2018
It is equally a matter of record that since their arrest on
21/12/2018 they are in the custody and by this time the investigation
in the matter might have been almost completed, except the collection
of the CA Report from competent authority. Thereby, there is no
likelihood of tampering with the evidence or otherwise. Now nothing is
to be recovered or discovered on pointing out of the applicants. The
conclusion of the trial in the present case would take sufficient long
time and it is not desirable to keep the applicants behind the bars till
then. Under these circumstances their further detention in the judicial
custody appears to be unwarranted. Applicants have fixed place of
residence as reflected in the remand application as well as the copies of
AADHAR Card & PAN card and as such there is minimal chance of their
abscondance.

There is neither evidence nor allegation of criminal
antecedent to the discнcredit of the applicant.

In view of forgoing
discussion, I conclude that application deserves to be allowed and the
interest of prosecution can be secured by imposing following stringent
conditions :
ORDER
1.

Bail Application No. 973/2018 in NDPS Remand
Application No. 1251/2018 is hereby allowed.
2.

The applicants/accusedн Sameer Abdul Kader Shaikh
and Razak Mehboon Chaudhary, in LAC/CR No.155/2018
registered with Vanarai Police Station, Mumbai, be released
on bail on each of them executing P.R. Bond of Rs.75,000/н
(Rs. Seventy Five Thousand only), with one or two sureties in
the like amount.
3.

The applicants/accused shall not directly or indirectly
dissuade any of the prosecution witnesses from deposing in
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BA 973/2018
the Court or tamper with the prosecution evidence in any
way.
4.

Bail Application stands disposed off accordingly.

07.01.2019.

(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.

Typed on
: 07.01.2019.
Checked on : 07.01.2019.
Signed on
: 07.01.2019.

УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
08.01.2019, 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 07.01.2019.

JUDGMENT/ORDER
P.O. on
by 07.01.2019.

signed
JUDGMENT/ORDER uploaded on
08.01.2019.