NDPS BA No.1051/2023
..1..

in NDPS RA No.1459/2023
MHCC020181262023
Presented on
: 02-12-2023
Registered on : 02-12-2023
Decided on
: 19-12-2023
Duration
: 17 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1051 OF 2023
IN
NDPS REMAND APPLICATION NO.1459 OF 2023
Alam Naeem Khan
)
Age : 34 years, Occ: )
R/at : Room No. 4, Patrewadi Chawl, )
Bohri Kabristan L.B. Marg , Kurla, )
Mumbai- 400070.
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Kurla police station
Mumbai,
vide
Spl.
LAC/C.R.
No.374/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Pankaj Purway, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 19/12/2023
NDPS BA No.1051/2023
..2..

in NDPS RA No.1459/2023
ORAL ORDER
This is an application taken out by applicant/accused Alam
Naeem Khan under section 439 of Code of Criminal Procedure for
enlarging him on bail in Spl. LAC/C.R. No.374/2023 registered at Kurla
police station, Mumbai for the offences punishable under section 8(c)
r/w section 22(b) 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 applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 11/08/2023, 9.35 gram Mephedrone (MD) was
recovered from the possession of the co-accused Salman Samshad Khan.
During investigation co-accused Salman Samshad Khan disclosed that,
the said contraband was supplied to him by the applicant/accused.
Therefore, offence punishable under section 8(c) r/w section 22(b) of
NDPS Act, 1985 was registered against the applicant/accused. The
quantity of contraband recovered from the co-accused in the present
crime is intermediate quantity. Therefore, rigours of section 37 of NDPS
Act are not attracted. Co-accused is already released on bail. No
criminal antecedents are attributed to the applicant/accused. Nothing
needs
to
be
recovered
from
the
applicant/accused.

The
NDPS BA No.1051/2023
..3..

in NDPS RA No.1459/2023
applicant/accused is resident of Mumbai. The applicant/accused is in
custody since 06/11/2023. Applicant/accused is ready to abide by all
conditions which the court may impose. Therefore, Ld. Advocate for the
applicant/accused prayed that, applicant/accused be released on bail.
4.

On the other hand, Ld. APP argued that, 9.35 gram
Mephedrone (MD) was recovered from the possession of the co-accused
Salman Samshad Khan. During investigation co-accused Salman
Samshad Khan disclosed that, the said contraband was supplied to him
by the applicant/accused. The wanted accused in the present crime is
yet to be arrested. The offence alleged is of serious nature and
applicant/accused was possessing the contraband for the purpose of
sale. Investigation is in progress. The applicant/accused is likely to
commit similar offence if released on bail. Investigation is likely to be
hampered if applicant/accused is released on bail. Therefore, Ld. APP
submitted that, bail application be rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(b) of NDPS Act, 1985. The
punishment provided for the above offence may extend to 10 years and
with fine which may extend to Rs. One lakh only. Admittedly, the
quantity of contraband alleged to be recovered from the co-accused is
non-commercial quantity and it is intermediate quantity. As such the
rigour of section 37 of NDPS Act is not applicable in present matter.
Moreover, it appears that, applicant/accused is in custody since
06/11/2023 and now nothing is to be recovered from him. No criminal
antecedents are attributed to the applicant/accused. From the reply of
NDPS BA No.1051/2023
..4..

in NDPS RA No.1459/2023
the application there appear no any just ground which necessitates
further detention of the applicant/accused.
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, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the 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 applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS
Bail
Application
No.1051/2023
in
NDPS
RA
No.1459/2023, is allowed.
2.

Applicant/accused Alam Naeem Khan, be released on bail in Spl.

NDPS BA No.1051/2023
..5..

in NDPS RA No.1459/2023
LAC/C.R. No.374/2023 for offence under section 8(c) r/w
section 22(b) of NDPS Act, 1985 registered by Kurla police
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
thousand only) with one surety in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.1051/2023 is disposed of accordingly.
(Pronounced in open Court)
Date : 19/12/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
19/12/2023
Transcribed on
:
19/12/2023
Checked on
:
19/12/2023
Signed on
:
20/12/2023
NDPS BA No.1051/2023
..6..

in NDPS RA No.1459/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
21.12.2023
TIME
NAME OF STENOGRAPHER
11.50 a.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.

19/12/2023
Judgment/order signed by P.O
on
20/12/2023
Judgment/order uploaded on
21/12/2023