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MHCC020164182023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.972 OF 2023
IN
NDPS REMAND APPLICATION NO.1330 OF 2023
Ajam Alim Shaikh
Age-52 years, Occ.-Nil.
R/at- Room No.82, 3rd Floor,
Titanic Building, Kovsa Kabristan,
Mumbai, Thane.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of V. P. Road Police
Station, vide C.R.No.75 of 2023.)

.. Respondent.

Advocate Mr. Shailesh Kharat for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE
: 12th December, 2023.
ORDER
1.

This is an application for bail by applicant/accused Ajam Alim
Shaikh who has been arrested by V. P. Road Police Station in C.R.No.75
of 2023, for the offence punishable under Section 8(c), read with
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Section 20(b) of the Narcotic Drugs and Psychotropic Substance Act,
1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 19.10.2023, on the basis of
specific information received by PSI Patil, the officers of V. P. Road
police station laid a trap and accosted the applicant. He was appraised
of his rights U/Sec. 50 of the NDPS Act and was searched. During his
search, 1 Kg Ganja was recovered. It was seized under panchanama.
3.

The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
ORDER
1.

Bail Application No.972 of 2023 is hereby allowed.

2.

Applicant/Accused
Ajam
Alim
Shaikh,
being
accused
in
C.R.No.75 of 2023, registered with V. P. Road Police Station, for the
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offence punishable under Section 8(c) read with Section 20(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, be released on
furnishing solvent surety and P. R. bond of Rs.50,000/- (Rupees Fifty
Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with V. P. Road Police Station, on every Monday
and Saturday between 11.00 a.m. and 4.00 p.m., untill further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Bail Application No.972 of 2023 in NDPS Remand Application
No.1330 of 2023 is disposed off.

Date : 12.12.2023
Dictated on
Transcribed on
HHJ signed on
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.
: 12.12.2023
: 12.12.2023
: 12.12.2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.12.2023 12.12 p.m.
UPLOAD DATE AND TIME
(Samruddhi Jadhav)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 12.12.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
12.12.2023
JUDGMENT/ORDER uploaded on
13.12.2023