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MHCC020028812024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 431/2024
IN
C. R. NO. 190 OF 2024
Afridi Billal Khan
Age : 25 yrs.
R/o : Juhu Koliwada,
Ambe Mata Nagar Zopadpatti,
H. B. Gawde Marg,
Near Sakhare Gym,
Santacruz (West), Mumbai.

… Applicant/accused
V/s.
The State of Maharashtra
(Santacruz Police Station)
… Respondent
Appearance :Mr. Sherkhane, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
20.03.2024
ORDER
The applicant Afridi Billal Khan has filed the instant
application under Section 439 of the Code of Criminal Procedure, 1973
for grant of regular bail in connection with Crime No. 190/2024
registered under Sections 8(c) r/w 20 & 21(b) of the Narcotic Drugs
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and Psychotropic Substances Act, 1985 with Santacruz Police Station,
Mumbai.
2.

In short, according to the applicant the contraband
allegedly recovered from the applicant is non-commercial quantity.
Nothing is recovered at the instance of present applicant. Material part
of the investigation is over. Therefore, the bail application may be
allowed.
3.

This application has been opposed by the Investigating
Officer by filing reply at Exh.2. It is contended that on 07.02.2024,
while the police staff of Santacruz Police Station were on patrolling
duty. At about 1.15 hrs., the applicant was found holding one white
colour plastic bag in his hand. He was waiting for someone. His
movements were suspicious. Therefore, he was accosted and enquiry
was made with him. He was apprehended and panch witnesses were
called. After completing necessary procedure, his search was conducted
wherein he was found in possession of 4 gms. MD and 130 gms. Ganja
kept in the plastic bag. Said contraband came to be seized under
panchanama and applicant was arrested. The applicant has no
permanent place of abode. If he is released on bail, he may commit
similar offence and may pressurise the witnesses. Therefore, the bail
application may be rejected.
4.

The learned counsel for the applicant submits that the
applicant has not committed any crime. He has been falsely implicated
in this case. Only 4 gms. of MD and 130 gms. of Ganja has been
allegedly recovered from the applicant, which falls under noncommercial quantity. The applicant has clean antecedents and well
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rooted in the society. The applicant is ready to abide by the conditions
of the bail bonds and furnish surety as directed by this Court. Therefore,
the applicant may be released on bail.
5.

On the other hand, the learned APP submits that yet
investigation is to be over. Offence is serious. If the applicant is released
on bail, he may commit similar offence while on bail. He may tamper
prosecution evidence and pressurise the witnesses. Therefore, bail
application may be rejected.
6.

Considering the submissions from both sides and the fact
that the total quantity allegedly recovered from the applicant is 4 gms.
MD and 130 gms. of Ganja which falls under non-commercial quantity.
The applicant appears to be resident of Mumbai as per his Adhar card
and also having clean antecedent, I think it proper to release the
applicant on bail by imposing stringent conditions. Hence, I proceed to
pass the following order.
ORDER
1. Bail Application No. 431/2024 is hereby allowed.
2. The applicant/accused Afridi Billal Khan, arrested in Crime No.
190/2024, 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 Santacruz 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
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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 Santacruz, Mumbai, and is required to inform the
court and the investigating officer of any change in his residential
address. The accused shall furnish his active mobile number to the
Investigating Officer and shall also immediately report any change in
his mobile number.
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.
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.

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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.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.
Date : 20.03.2024
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)
: 20.03.2024
: 20.03.2024
: 21.03.2024
: 21.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
21.03.2024
TIME
NAME OF STENOGRAPHER
05.35 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
20.03.2024
Judgment/order uploaded on
21.03.2024
21.03.2024