Cri. BA No.932/2024
..1..

in C.R. No.41/2024
MHCC020059172024
Presented on
: 10-04-2024
Registered on : 10-04-2024
Decided on
: 12-04-2024
Duration
: 02 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.932 OF 2024
IN
C.R. NO.41 OF 2024
1. Sheela Shirish Parkar
Aged : 50 years, Occ: Household
R/at : Room No 25 First Floor Pandu
Maharaj Chawl P. B. Road Mumbai.
2. Heena Shamim Shaikh
Aged : 40 years, Occ: Household
R/at : Room No.110 Shifa Building
Chawl
Sitaram
Bakery
Chawl
Nalasopara Palghar.

)
)
)
)
)
)
)
) .. Applicant/accused Nos.1
&2
V/s.
The State of Maharashtra
)
(At the instance of V.P. Road police )
station Mumbai, vide C.R. No.41/2024). ) .. Respondent/Prosecutor
Cri. BA No.932/2024
..2..

in C.R. No.41/2024
Appearance :
Ld. Adv. Mr. Shailesh Kharat, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 12/04/2024
ORAL ORDER
This is an application taken out by applicant/accused No.1
Sheela Shirish Parkar and accused No.2 Heena Shamim Shaikh under
section 439 of Code of Criminal Procedure for enlarging them on bail in
C.R. No.41/2024 registered at V.P. Road police station, Mumbai for the
offences punishable under section 8(c) r/w section 20(a) and section 29
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 applicants/accused and learned APP.
3.

Learned Advocate for applicant/accused Nos.1 and 2
submitted that, this is the first bail application taken out by the
applicants/accused and no other bail application of applicants/accused
is pending in any higher Court in respect of the above crime or rejected
by Higher court. Learned Advocate for applicants/accused argued that,
on 05/04/2024 applicant/accused Nos.1 and 2 were found in suspicious
condition and during the search of the applicant/accused No.1 Sheela
Shirish Parkar, 150 gram Ganja was recovered from her possession and
Cri. BA No.932/2024
..3..

in C.R. No.41/2024
150 gram Ganja was recovered from the applicant/accused No.2 Heena
Shamim Shaikh. The cumulative quantity of contraband recovered from
the present applicants/accused is small quantity. Therefore, rigours of
section 37 of the NDPS Act are not applicable. Mere fact that,
applicants/accused were found together doesn’t mean that, they had
hatched any conspiracy. There is no positive material which indicates
the nexus between the applicants/accused and wanted accused.
Applicants/accused
are
Applicants/accused
not
are
having
in
any
custody
criminal
since
antecedents.
05/04/2024.

Applicants/accused are resident of Mumbai and Palghar. They are ready
to abide all terms and conditions which the court may impose.
Therefore, Ld. Advocate for the applicants/accused prayed that,
applicants/accused be released on bail.
4.

On the other hand, Ld. APP argued that, applicant/accused
No.1 Sheela Shirish Parkar and applicant/accused No.2 Heena Shamim
Shaikh were intercepted and 150 gram Ganja is recovered from the
conscious possession of the applicant/accused No.1 and 150 gram
Ganja
is
recovered
from
the
conscious
possession
of
the
applicant/accused No.2. Quantity of contraband recovered from the
applicants/accused is small quantity. Therefore, rigours of section 37 of
the NDPS Act are not applicable to the case of the applicants/accused.
Person from whom present applicants/accused procured the contraband
seized is yet to be arrested. The applicants/accused may continue to
commit such offence if they are released on bail. Investigation is yet not
completed. Therefore, Ld. APP submitted that, bail application be
rejected.

Cri. BA No.932/2024
5.

From
..4..

the
matter
on
in C.R. No.41/2024
record
it
appears
that,
the
applicants/accused are alleged to have committed offence punishable
under section 8(c) r/w 20(a) and section 29 of NDPS Act, 1985. The
punishment provided for the above offence may extend upto one year
and with fine which may extend to Rs. 10,000/- only. Admittedly, the
quantity of contraband alleged to be recovered from applicants/accused
is small quantity. As such the rigour of section 37 of NDPS Act is not
applicable in present matter. It is also not the case of the prosecution
that, applicants/accused are dealing in the trade of Narcotic Drugs or
Psychotropic substance. No criminal antecedents are attributed to the
applicants/accused. From the material on record applicants/accused
appears to be permanent resident of Mumbai and Palghar. Moreover, it
appears that, applicants/accused are in custody since 05/04/2024 and
now nothing is to be recovered from the applicants/accused. As such
from the material on record it appears that, investigation in respect of
the applicants/accused is almost completed. Considering the fact that,
applicants/accused are not attributed any criminal antecedents and
status of the applicants/accused prime facie there appear no possibility
that applicants/accused may recommit such offence if released on bail.
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, applicants/accused have co-operated
during the investigation. Applicants/accused have also undertaken to
co-operate during the trial. From prima facie appreciation of the
material on record, presence of the applicants/accused are likely to be
secured even if they are released on bail. Moreover, interest of the
Cri. BA No.932/2024
..5..

in C.R. No.41/2024
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 applicants/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.932/2024 of applicant/accused
No.1 Sheela Shirish Parkar and accused No.2 Heena Shamim
Shaikh in C.R. No.41/2024, is allowed.

2.

Applicant/accused No.1 Sheela Shirish Parkar and accused No.2
Heena Shamim Shaikh, be released on bail in C.R. No.41/2024
under section 8(c) r/w 20(a) and section 29 of NDPS Act, 1985
registered by V.P. Road police station on executing personal bond
of Rs.50,000/- only each (Rs. Fifty thousand only) with one or
more sureties in like amount on the following conditions :
(a) Applicants/accused shall co-operate the Investigating Officer and
shall make themselves available for interrogation by concern
Investigating Officer as and when required.
(b) Applicants/accused shall not tamper with prosecution evidence
Cri. BA No.932/2024
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in C.R. No.41/2024
or influence the prosecution witnesses in any manner.
(c) Applicants/accused shall co-operate in early disposal of the trial.
(d) Applicants/accused shall not commit any criminal offence while on
the bail.
(e) Applicants/accused and their surety shall provide there respective
mobile numbers and present address and proof of residence at the
time of execution of the bail bond/surety bond.
3.

Bail be furnished before Ld. trial Court.

4.

Bail Application No.932/2024 is disposed of accordingly.
(Pronounced in open Court)
Date : 12/04/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
12/04/2024
Transcribed on
:
12/04/2024
Checked on
:
12/04/2024
Signed on
:
12/04/2024
Cri. BA No.932/2024
..7..

in C.R. No.41/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
12.04.2024
TIME
NAME OF STENOGRAPHER
03.47 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.

12.04.2024
Judgment/order signed by P.O on
12.04.2024
Judgment/order uploaded on
12.04.2024