CRI. BA No.988/2024
..1..

in Spl. LAC/C.R. No.280/2024
MHCC020061722024
Presented on
: 16-04-2024
Registered on : 16-04-2024
Decided on
: 29-04-2024
Duration
: 13 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.988 OF 2024
IN
SPECIAL LAC/C.R. NO.280 OF 2024
Mr. Anwar Mannan Khan
Age : 38 years, Occ: Business,
R/at : Yuva Shakti Chawl Committee
Gandhi
Nagar
Kandivali
(West),
Mumbai-400 067.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Kandivali police
station Mumbai, vide Spl. LAC/C.R.
No.280/2024).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Santosh Saroj, for applicant/accused.
Ld. APP Mr. P.J. Rajput, for the respondent/prosecution.

CRI. BA No.988/2024
..2..

in Spl. LAC/C.R. No.280/2024
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 29/04/2024
ORAL ORDER
This is an application taken out by applicant/accused Mr.
Anwar Mannan Khan under section 439 of Code of Criminal Procedure
for enlarging him on bail in Spl. LAC/C.R. No.280/2024 registered at
Kandivali police station, Mumbai for the offences punishable under
section 8(c) r/w section 22(b) of Narcotic Drug and Psychotropic
Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, reply of
the prosecution 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. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or rejected by any
superior court. Learned Advocate for applicant/accused argued that, as
per the prosecution case on 08/04/2024, 5 gram Mephedrone (MD) is
alleged to be recovered from the possession of the applicant/accused.
Therefore, offence punishable under section 8(c) r/w section 22(b) of
NDPS Act, 1985 was registered against the applicant/accused. The
quantity of contraband recovered from the applicant/accused in the
present crime is intermediate quantity. Therefore, rigours of section 37
of NDPS Act are not attracted. Mere fact that, applicant/accused is
CRI. BA No.988/2024
..3..

in Spl. LAC/C.R. No.280/2024
having criminal antecedents itself is not a ground for rejection of bail.
Applicant/accused is permanent resident of Mumbai and no criminal
antecedents are attributed to him. Applicant/accused is ready to abide
by all conditions which the court may impose. Therefore, Ld. Advocate
for the applicant/accused prayed that, applicant/accused be released on
bail.
4.
is
On the other hand, Ld. APP argued that, the offence alleged
of
serious
nature.

In
the
investigation
it
revealed
that,
applicant/accused was possessing same for the purpose of sale.
Applicant/accused is having one criminal antecedent under the Indian
Penal Code. The applicant/accused may continue to commit such
offence if he is released on bail. The investigation is yet not completed.
Therefore, Ld. APP submitted that, bail 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(b) of NDPS Act, 1985. The
punishment provided for the above offence may extend to 10 years and
with fine which may extend to Rs. One lakh only. Admittedly, the
quantity
of
contraband
alleged
to
be
recovered
from
the
applicant/accused is non-commercial quantity and it is intermediate
quantity. As such the rigour of section 37 of NDPS Act is not applicable
in present matter. Moreover, it appears that, applicant/accused is in
custody since 08/04/2024 and now nothing is to be recovered from
him. As such from the material on record it appears that, investigation
in respect of the applicant/accused is almost completed. Mere fact that,
applicant/accused is having criminal antecedents itself is not a ground
for rejection of bail. From the reply of the application there appear no
CRI. BA No.988/2024
any
just
ground
..4..

which
necessitates
in Spl. LAC/C.R. No.280/2024
further
detention
of
the
applicant/accused.
6.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved. The object
of the bail is to secure the attendance of the accused at the trial and the
object is neither punitive and preventive. From the material on record
prima facie, it appears that, applicant/accused had co-operated during
the investigation. Applicant/accused has also undertaken to co-operate
during the trial. From prima facie appreciation of the material on
record, presence of the applicant/accused is likely to be secured even if
he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large. Therefore, there appear justifiable grounds for releasing
the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

Criminal Bail Application No.988/2024 in Spl. LAC/C.R.
No.280/2024, is allowed.

CRI. BA No.988/2024
2.

..5..

in Spl. LAC/C.R. No.280/2024
Applicant/accused Anwar Mannan Khan, be released on bail in
Spl. LAC/C.R. No.280/2024 for offence under section 8(c) r/w
section 22(b) of NDPS Act, 1985 registered by Kandivali police
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
thousand only) with one or more sureties in like amount on the
following conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Criminal
Bail
Application
No.988/2024
is
disposed
accordingly.
(Pronounced in open Court)
Date : 29/04/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
29/04/2024
Transcribed on
:
29/04/2024
Checked on
:
29/04/2024
Signed on
:
29/04/2024
of
CRI. BA No.988/2024
..6..

in Spl. LAC/C.R. No.280/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
29.04.2024
TIME
NAME OF STENOGRAPHER
05.38 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

29.04.2024
Judgment/order signed by P.O on
29.04.2024
Judgment/order uploaded on
29.04.2024