Cri. BA No.230/2023
..1..

in C.R. No.04/2023
MHCC020016622023
Presented on
Registered on
Decided on
Duration
: 02-02-2023
: 02-02-2023
: 06-02-2023
: 04 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.230 OF 2023
IN
C.R. NO.04 OF 2023
Mohd. Shafi Usman Gani Shaikh @ Babu
Aged: 40 years, Occ: R/a: Room No. 202, Surya Building,
Amrut Nagar, Baba Fakrudin Dargah Road,
Mumbra, Thane.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra,
)
( At the instance of RAK Marg police station)
Mumbai vide C.R. No.04/2023 )
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Mr. Samir Adangale, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 06/02/2023
ORAL ORDER
I have perused application and say heard both sides.

Cri. BA No.230/2023
2.

..2..

in C.R. No.04/2023
In this case it is alleged that, on 14/01/2023 informant and
two constables were on patrolling duty. They saw applicant/accused in
suspicious circumstances. They caught him and by following due
procedure of law conducted his search. He was found in possession of
240 gram Ganja. Therefore, an offence number 04/2023 punishable
under section 8(c) r/w 20(b) of NDPS Act, 1985 was registered against
him.
3.

Applicant/accused submits that, he is a poor person. He
has been falsely implicated. He is permanent resident of the address
mentioned in the application. Nothing needs to be recovered from him.
Investigation is completed. Ganja allegedly seized from him was not
tested on the spot. Contraband allegedly seized from him is less than
commercial quantity. He has no criminal antecedents. He is ready to
abide by all conditions and furnish surety. He prayed for releasing him
on bail.
4.

Prosecution resisted this application by filing its say at
Exh-2.
5.
Officer.

I have heard Ld. Public Prosecutor and Investigating
Their contention is that, applicant/accused will repeat such
offence, if he is released on bail. Prosecution submitted that, 5 offences
are pending against this applicant/accused.
6.

In
this
case
contraband
allegedly
seized
from
applicant/accused is less than commercial quantity. Therefore, in case
of conviction punishment that would be attracted is imprisonment up to
10 years and fine. Therefore, rigours of section 37 of NDPS Act are not
attracted in this case. Prosecution resisted this application mainly on
Cri. BA No.230/2023
..3..

in C.R. No.04/2023
the ground that, previous 5 offences are pending against him.

Ld.

Counsel for applicant/accused pointed out that, he is acquitted in Crime
No.182/2009 registered in ANC corresponding to NDPS Special Case
No.125/2009. This shows that, the list of offences allegedly pending
against applicant/accused is not trustworthy.

Applicant/accused is
abide by all conditions and furnish surety. Therefore, case is made out
for exercise discretion in favour of applicant/accused. Hence, I pass
following order.
ORDER
1. Cri. Bail Application No.230/2023 in C.R. No.04/2023, is allowed.
2. Applicant/accused Mohd. Shafi Usman Gani Shaikh @ Babu, is
released in C.R. No.04/2023 on executing P. R. Bond of Rs.25,000/(Rs. Twenty Five Thousand only) with one or more solvent sureties
in the like amount, on following conditions.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and he shall appear before Trial Court
regularly.
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before Investigating Officer as and when
called by Investigating Officer.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
VIJAY
GOVINDSINGH
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI
Date: 2023.02.16
15:24:16 +0530
Date : 06/02/2023.

Dictated on
Typed on
Signed on
: 06/02/2023
: 07/02/2023
: 14/02/2023
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.230/2023
..4..

in C.R. No.04/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE
16.02.2023
TIME
NAME OF STENOGRAPHER
03.19 p.m.

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

06/02/2023
Judgment/order signed by P.O on
14/02/2023
Judgment/order uploaded on
16/02/2023