BA 836/2023
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MHCC020142392023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 836 OF 2023
IN
C. R. NO. 345/2023
Abbas Ali Sajid Ali Sayyad
Age : 36 years
R/o : 345, Plot No.8,
Durga Seva Sangh,
Lotus Colony,
Near Jauhar School,
Govandi, Mumbai.

… Applicant/accused no.5
V/s.
State of Maharashtra
Mankhurd Police Station.

… Respondent
Appearance :Mr. Kiran Gogawale, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
02.11.2023
ORDER
This is an application filed by applicant – Abbas Ali Sajid
Ali Sayyad for grant of bail under Section 439 of Code of Criminal
Procedure, 1860 in C. R. No.345/23 registered at Mankhurd Police
Station for offence punishable under sections 8(c) r/w sec.22(c) & 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For
short, “the NDPS Act”). Perused bail application and say filed by the
BA 836/2023
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Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Mr. Kiran Gogawale for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 03.06.2023, API Wagh,
PSI Salvi and police team of Mankhurd Police Station were on patrolling
duty within jurisdiction, where they noticed accused no.1 Sagar at
Sarvoday Chawl, behind Church, Annabhau Sathe Nagar, Mankhurd,
Mumbai in suspicious condition. When he was enquired, he had given
evasive answers. Then, two panchas were called and 1152 cough syrup
bottles of 100 ml. capacity each of Phensirest Company
containing
Chlorpheniramine Maleate & Codeine Phosphate Syrup PHENSIREST
were seized from brown colour box in his house. Accused no.1 was
arrested and he made disclosure statement which resulted in recovery
of 3789 cough syrup bottles of 100 ml. capacity each of WELCYREX
Company and 576 cough syrup bottles of 100 ml. capacity each of
Phensirest Company containing Codeine Phospate. Accused no.1
disclosed names of accused no.2 and accused no.3 while in the custody
of the police. Therefore, accused no.2 and 3 were also arrested in the
present crime. Mobile of OPPO company was seized from accused no.1
and he was having
conversation with accused no.2 and he had
recorded audio clip in his mobile.
4.

During enquiry with accused no. 2
and 3 while in the
custody of the police, accused no.2 – Sandeep stated that Azhar is main
person, who does the business of Corex Narcotic drug. Nafis, the cousin
brother of Azhar, is supplying narcotic drugs from Mumbra, Thane to
Azhar. As Azhar is in jail, he i.e. accused no.2 – Sandeep looks after the
business. Accused no.4 Ayyaz and accused no.5 – Abbas Ali brings
BA 836/2023
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narcotic drugs from Mumbra to Transit Camp, Bainganwadi, Deonar,
Mumbai.

Further, accused no.3 Sidharth @ Filip with the help of
accused no.1 Sagar and Imran Nasir Khan used to keep and store said
narcotic drug either at Room No. 264, Transit Camp or at the house of
accused no.1 Sagar Sonkar at Mankhurd. Hence, accused Ayyaz @ Baja
Mushtaq Shaikh came to be arrested on 15.08.2023 and accused no.5 Abbas Ali Sajid Ali Sayyad came to be arrested on 08.09.2023.
5.

The applicant is seeking bail on the grounds that he is
innocent and he has been falsely framed in the present matter. No
incriminating material has been recovered from the possession of the
applicant. The applicant has no connection with alleged contraband.
The applicant is arrested only on the basis of statement of co-accused
which is inadmissible in law. The applicant is permanent resident of
Mumbai. Co-accused have been released on bail. The applicant is ready
and willing to abide by all conditions of bail if this Court releases him
on bail.
6.

Ld. Adv. Mr. Kiran Gogawale for the applicant/accused no.5
submitted that co-accused have been released on bail. Hence, present
applicant can also be released on bail on the ground of parity. He
further submitted that there is no recovery of contraband at the instance
of the applicant and he is made accused on the basis of statement of coaccused. The applicant does not have any criminal antecedents. He is
permanent resident of Mumbai. He prayed for bail to the applicant.
7.

Ld. APP Mr. Erande for the State submitted that accused
no.1 is in custody till date. Present applicant is main accused, who used
to supply the contraband codeine bottles. There are whatsapp chats
between the co-accused and present applicant. CDR is also available of
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all accused. Ground of parity is not applicable. Seized contraband is of
commercial quantity. All accused were in touch with each other. He
prayed for rejection of the bail.
8.

In reply, Ld. Adv. Kiran Gogavale for the applicant/accused
argued that accused no.4 and present applicant were in touch with each
other.

Accused no.2,
3 and 4
are bailed out.

Hence, present
applicant/accused be released on bail on the ground of parity.
9.

Considering rival submissions and material on record, it
appears that entire recovery of contraband is made at the instance of
accused no.1. No contraband is recovered from the present applicant.
There is reference of call recording between accused no.1 and accused
no.2. Prosecution may rely upon call recording and CDR details in the
course of trial. At present, statement of co-accused is only material
available against the present applicant. Statement of co-accused is not
admissible piece of evidence as per observations in the case of Tofan
Singh V/s. State of Tamil Nadu (2021) 4 SCC 1. Observations in above
referred citations on the point of inadmissibility of statement of coaccused are applicable to the case in hand. In the light of available
material against the applicant, he is entitled to bail. Rigors of sec. 37 of
the NDPS Act does not come in the way of granting bail to the applicant
in view of above reasons. Accused no.2, 3 and 4 have been released on
bail as per orders in B.A.No.568/2023, B.A.No.569/2023 and
B.A.No.736/2023 respectively. Therefore, the applicant is entitled to be
released on bail on the ground of parity. The applicant does not have
criminal antecedents.

He is permanent resident of Mumbai and his
presence can be secured for trial purpose. The applicant can be released
on bail by imposing stringent conditions. He can be directed to attend
the police station for further investigation in the matter. Hence, I pass
BA 836/2023
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following order :ORDER
1. Bail Application No. 836/2023 is hereby allowed.
2. Applicant/accused Abbas Ali Sajid Ali Sayyad in C.R. No.345/2023 of
Mankhurd Police Station registered under section 8(c) r/w 22 & 29 of
the Narcotic Drugs and Psychotropic Substance Act,1985 shall be
released on his executing P. R. Bond of Rs. 40,000/- (Rs. Forty Thousand
only) with one or more sureties in the like amount.
3. The applicant/accused to attend Mankhurd Police Station on every
Tuesday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile Nos. and correct addresses of their respective residences
along with names of two relatives with their mobile Nos. and addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.40,000/- for the next four weeks from the date of this order.
9. Accordingly, BA 836/2023 is disposed off.

Date : 02.11.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 02.11.2023
Transcribed on : 02.11.2023
Signed on
: 02.11.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
BA 836/2023
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SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
03.11.2023
TIME
NAME OF STENOGRAPHER
12.20 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
02.11.2023
Judgment/order uploaded on
03.11.2023
02.11.2023