BA 354.24
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MHCC020025092024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 354/2024
IN
C. R. NO. 98 OF 2024
Aadil Irshad Shaikh
Age : 27 years, Occ.: Service
R/o : B-45, Santosh Nagar,
Gen. A. K. Vaidya Marg,
Goregaon (East),
Mumbai – 400 065.

… Applicant/accused
V/s.
The State of Maharashtra
(Dindoshi Police Station)
… Respondent
Appearance :Mr. Yash Vora h/f Akash Sharma, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
26.02.2024
ORDER
The instant application has been filed by the applicant
Aadil Irshad Shaikh under Section 439 of the Code of Criminal
Procedure, 1973 for the grant of regular bail in connection with Crime
No. 98/2024 registered under Sections 8 (c) r/w 22(b) of the Narcotic
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Drugs and Psychotropic Substances Act, 1985 registered with Dindoshi
Police Station, Mumbai.
2.

In summary, the applicant maintains that he is innocent
and falsely arrested. He is a permanent resident of Mumbai with strong
ties to the community. The seized contraband, allegedly 10 grams of
MD, is only a non-commercial quantity. Additionally, the police have
violated Sections 42 and 50 of the NDPS Act by not taking him to the
nearest Magistrate or allowing him to be searched before a gazetted
officer or Magistrate. The bar under Section 37 of the NDPS Act is not
applicable to the facts of the case. If granted bail, the applicant pledges
not to flee, will provide surety, and comply with all bail conditions.
Therefore, the applicant requests release on bail..
3.

The Investigating Officer has filed a reply at Exh.2
objecting to this application. It is contended that on 03.02.2024, while
the complainant and police staff were on patrol duty to curb the illegal
sale of Narcotic drugs in the area of Dindoshi Police Station, the
applicant was observed near a public toilet in ‘B’ ward, BMC colony,
Goregaon (East), Mumbai, behaving suspiciously. Consequently, he was
apprehended, and a search was conducted following procedure, during
which 10 grams of MD were found in his left pocket of his jeans. The
contraband was seized in accordance with procedure, and he was
arrested. The applicant has a criminal history involving five offenses. If
released on bail, there’s a risk of tampering with prosecution evidence
and potential absconding. Therefore, the bail application may be
rejected.
4.

Learned counsel, Mr. Yash Vora for the applicant submits
that the applicant has not committed any crime and he has been falsely
implicated in this case. The quantity allegedly recovered at the instance
of the applicant is non-commercial quantity. The applicant is having
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deep roots in the society and ready to furnish surety and abide by
conditions of the bail bonds. Out of five crimes, only two crimes are
registered under NDPS Act, which are not pertaining to commercial
quantity of contraband. Therefore, the applicant may be released on
bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
submitted that the applicant has committed a serious crime.
Investigation is yet to be over. Applicant is having criminal antecedent.
If the applicant is released on bail, he may abscond, tamper with
prosecution evidence, and pressure witnesses. Therefore, the bail
application may be rejected.
6.

Based on the submissions from both sides and considering
the nature of the offense, which does not involve a commercial quantity
of contraband, and the apparent strong ties of the applicant within
society, it seems that bail should be granted. While it’s acknowledged
that there are five crimes registered against the applicant, only two
pertain to offenses under the NDPS Act. In my opinion, this is not
sufficient grounds to deny bail to the applicant. The offense does not
involve a commercial quantity of contraband and the applicant has
strong roots in society, it would not be justifiable to deny bail solely
based on the number of crimes registered against the applicant,
especially when only two of them relate to offenses under the NDPS
Act. Therefore, I proceed to pass the following order granting bail to
the applicant.
ORDER
1. Bail Application No. 354/2024 is hereby allowed.
2. The applicant, Aadil Irshad Shaikh, arrested in Crime Number
98/2024 registered under Sections 8(c) read with Section 22(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985
at Dindoshi
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Police Station, Mumbai, shall be released on bail upon executing a
personal bond of Rs. 60,000/- and one or two solvent sureties of the
like amount, on the following conditions:
a. The applicant/accused is directed to report to Dindoshi 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 investigating officer or
the Court.
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 applicant/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 Goregaon, Mumbai and is required to inform the
court and the investigating officer of any change in his residential
address. The applicant/accused shall furnish his active mobile numbers
to the Investigating Officer and shall also immediately report any
change in his mobile numbers.
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.

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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 investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
3.

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

Date : 26.02.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 26.02.2024
: 27.02.2024
: 29.02.2024
: 01.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
01.03.2024
TIME
NAME OF STENOGRAPHER
04.45 p.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
26.02.2024
01.03.2024
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Judgment/order uploaded on
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01.03.2024