BA.No.760/2023
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NDPS RA.No.950-2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.760 OF 2023
IN
NDPS REMAND APPLICATION NO.950 OF 2023
Asif Abdul Shaikh
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Versova Police
Station, vide CR.No.362 of 2023.)

.. Respondent.

Advocate Ms. Anjali Mishra 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 : 02nd November, 2023.
ORDER
1.

This is an application for bail by applicant/accused Asif Abdul
Shaikh who has been arrested by the officers of Versova Police Station
in C.R.No.362 of 2023, for the offence punishable under Section 8(c)
read with Section 22(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 10.07.2023, during the
routine course of patrolling the police party saw the applicant. He
started running on seeing kthe police party.

He was stopped and
searched in presence of panch witnesses. During his personal search 5
grams of MD was found and he has been prosecuted for violation of the
NDPS Act.

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3.

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NDPS RA.No.950-2023
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.760 of 2023 is hereby allowed.

2.

Applicant/Accused
Asif
Abdul
Shaikh
being
accused
in
CR.No.362 of 2023, registered with Versova Police Station, for the
offence punishable under Section 8(c) read with Section 22(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 Versova Police Station, on every Monday and
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NDPS RA.No.950-2023
Thursday between 11.00 a.m. and 4.00 p.m., until 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.760 of 2023 in NDPS Remand Application
No.950 of 2023 is disposed off.

Date : 02.11.2023
Dictated on
: 02.11.2023
Transcribed on : 03.11.2023
HHJ signed on : 03.11.2023
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS RA.No.950-2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
3.11.2023/6.07 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 02.11.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
3.11.2023
JUDGMENT/ORDER uploaded on
3.11.2023