NDPS BA No.860/2023
..1..

in NDPS RA No.1168/2023
MHCC020144532023
Presented on
: 26-09-2023
Registered on : 30-09-2023
Decided on
: 30-10-2023
Duration
: 01 Months
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.860 OF 2023
IN
NDPS REMAND APPLICATION NO.1168 OF 2023
Arif Nasir Shaikh
Aged : 42 years, Occ: Nil
R/at : Room No. 609, D Wing, 6th Floor,
Subhash Nagar CHS, Gora Kumbhar
Dharavi Mumbai 400017.

)
)
)
)
) .. Applicant/Accused No.4
V/s.
The State of Maharashtra
(At the instance of Shivaji Nagar police
station, Mumbai, vide Spl. LAC/C.R.
No.715/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Kamlesh Satre, for the applicant/accused.
Ld. APP Mr. Tarange, for the respondent/prosecution.

NDPS BA No.860/2023
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in NDPS RA No.1168/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 30/10/2023
ORAL ORDER
This is an application taken out by applicant/accused No.4
Arif Nasir Shaikh under section 439 of Code of Criminal Procedure for
enlarging him on bail in Spl. LAC/C.R. No.715/2023 registered at
Shivaji Nagar police station, Mumbai for the offences punishable under
section 8(c) r/w section 22(b) and section 29 of Narcotic Drug and
Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused No.4 submitted
that, this is the first bail application taken out by the applicant/accused
and no other bail application of the applicant/accused is pending in any
higher Court in respect of the above Spl. LAC/C.R. No.715/2023.
Learned Advocate for applicant/accused argued that, as per the
prosecution case, on 13/08/2023, 18 gram Mephedrone (MD) was
recovered from the possession of the co-accused No.1 Naeem Amin
Shaikh and during investigation at the instance of the co-accused No.1,
co-accused No.2 was apprehended on 16/08/2023 and 11 gram
Mephedrone (MD) was recovered from his possession. The co-accused
No.2 Sharib Mohammed Saeed Qureshi during investigation stated that,
he had procured said Mephedrone (MD) from the co-accused No.3 and
NDPS BA No.860/2023
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in NDPS RA No.1168/2023
therefore, the co-accused No.3 was arrested. The co-accused No.3 Karim
Kazim Sayyad @ Nazim Bidi during investigation stated that, he had
procured said Mephedrone (MD) from the applicant/accused No.4 and
therefore, the applicant/accused No.4 was arrested on 04/09/2023 and
offence punishable under section 8(c) r/w section 22(b) and section 29
of
NDPS
Act
is
registered
against
the
applicant/accused.

Applicant/accused is arrested only on basis of the statement of the coaccused No.3. Statement of the co-accused is not admissible. Nothing is
recovered from the possession of the applicant/accused. The quantity of
contraband recovered is intermediate quantity. Therefore, rigours of
section 37 of the NDPS Act are not applicable. Applicant/accused is
resident of Mumbai. He is ready to abide all terms and 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, 18 gram
Mephedrone (MD) was recovered from the possession of the co-accused
No.1 Naeem Amin Shaikh and during investigation at the instance of
the co-accused No.1, 11 gram Mephedrone (MD) was recovered from
the possession of the co-accused No.2 Sharib Mohammed Saeed
Qureshi. The co-accused No.2 during investigation disclosed that, he
had purchased the said Mephedrone (MD) from the co-accused No.3.
The co-accused No.3 Karim Kazim Sayyad @ Nazim Bidi during
investigation stated that, he had procured said Mephedrone (MD) from
the applicant/accused No.4. Therefore, present applicant/accused is
arrested. There is positive material on record to show the nexus
between the applicant/accused and the co-accused. The wanted accused
are yet to be arrested. The material on record prima facie indicates the
nexus between the applicant/accused and the co-accused and the
NDPS BA No.860/2023
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in NDPS RA No.1168/2023
wanted accused. The applicant/accused is having criminal antecedents.
The applicant/accused is a drug peddler and if the applicant/accused is
released on bail at this stage then the applicant/accused may tamper
the prosecution evidence. Therefore, Ld. SPP submitted that, application
be rejected.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(b) and section 29 of NDPS Act, 1985.
The cumulative quantity of contraband recovered from the co-accused is
intermediate quantity. The applicant/accused is having criminal
antecedents. From prima facie appreciation of material on record, it
reveals that, the applicant/accused is a drug peddler and involved in the
sale of the contraband. Statement of co-accused is admissible for the
purpose of investigation. Considering the matter on record there appear
no substance in the contention of the applicant/accused that, there is no
positive material on record to show that, applicant/accused and coaccused had no nexus and they had not hatched any conspiracy. Wanted
accused are yet to be arrested.
6.

Admittedly, till date investigation is not completed. Prima
facie there is no material on record, so as to doubt genuineness of the
prosecution case. Prima facie there appear no inherent infirmities or
improbability in the prosecution case. Considering the nature of offence
the possibility that, after release of the applicant/accused, the
applicant/accused may tamper the prosecution witnesses or influence
the witnesses or may involve in commission of such offences cannot be
ruled out at this stage. Moreover, considering the quantity of the
contraband seized and the facts of the case free, fair and full
NDPS BA No.860/2023
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in NDPS RA No.1168/2023
investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. Therefore, at this stage there appear necessity for
the further detention of the applicant/accused for facilitating further
investigation.
7.

Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.

NDPS BA No.860/2023
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in NDPS RA No.1168/2023
ORDER
1.

NDPS Bail Application No.860/2023 of applicant/accused No.4
Arif Nasir Shaikh in Spl. LAC/C.R. No.715/2023 in NDPS RA
No.1168/2023, is rejected.

2.

NDPS Bail Application No.860/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.10.31
15:23:30 +0530
Date : 30/10/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
30/10/2023
Transcribed on
:
30/10/2023
Checked on
:
30/10/2023
Signed on
:
30/10/2023
NDPS BA No.860/2023
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in NDPS RA No.1168/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
31.10.2023
TIME
NAME OF STENOGRAPHER
03.22 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

30/10/2023
Judgment/order signed by P.O
on
30/10/2023
Judgment/order uploaded on
31/10/2023