NDPS BA 897.23
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MHCC020152612023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO.897 OF 2023
IN
REMAND APPLICATION NO.1202 OF 2023
Azgar Akhatar Sayyed
Age: 31, Occupation :Nil.
R/at: Room no. 31,
Saibaba Society,
Gavdevi Dongar,
Andheri- West, Mumbai 400058
… Applicant / Accused no.2
V/s.
State of Maharashtra
(ANC Azad Maidan Unit,
vide C. R. no.60 of 2023)
… Respondent
Appearance :Alisha Parekh, Adv. for applicant/accused.
Mr. Shankar Erande, APP for respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
14.12.2023
ORDER
.

This application for grant of bail u/sec.439 of Cr.P.C. is filed
by applicant/accused no.2, Azgar Akhatar Sayyed who is arrested on
NDPS BA 897.23
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12.09.2023 in connection with Crime no.60/2023 ANC Azad Maidan
Unit, Mumbai, for the offence punishable under sections 8(c) r/w 22(c)
r/w. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(For short, “the NDPS Act”). Perused application and say filed by the
investigating officer through learned A.P.P.
2.

Heard Ld. Counsel Alisha Parekh for the applicant/accused no.2
and Ld A.P.P. Mr. Shankar Erande for the respondent.
3.

Case of the prosecution, in brief, is as under :On 11.09.2023 PSI Kavale, PSI Avale and other police staff
attached to ANC Azad Maidan unit were discharging their patrolling
duty with the raiding material for taking action against wanted accused
in the NDPS cases and persons consuming Narcotics drug and selling
Narcotics Drugs. When they reached to Haji Niyaz Ahmad Aazmi Marg,
Kulaba, in front of Queen building at Boman Kavasji Boman Behram
Marg corner, Near Electricity Poll no.ABR/5, Kulaba, Mumbai, they
noticed two persons were exchanging the goods. As they developed
suspension, both of them were apprehended. Names of those persons
were Fahim Saifulla Khan (accused no.1) and Azgar Akhtar Sayyed @
Ajju (accused no.2). Then, panchas were called to the spot and searched
was conducted by following legal mandate of section 50 of the NDPS
Act. During the search, accused no.1 Fahim was found in possession of
25 grams MD and applicant/accused no.2 Azgar was found in
possession of 30 grams MD. Both accused were taken into custody and
offence was registered against them. During investigation, accused no.1
Fahim and accused no.2 Azgar revealed name of accused no.3 Ibrahim,
who was apprehended with possession of 400 grams of MD. During
interrogation, accused no.3 revealed the name of accused no.4 Wasim
NDPS BA 897.23
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Ibrahim Sayyed @ Kalla. Accused no.4 Wasim was apprehended from
the area of Wadibundar, and 250 grams of MD was seized from him on
12.09.2023.
4.

The applicant is seeking bail on the ground that he is an
innocent person and he is falsely implicated in the matter. It alleged
from the prosecution that 30 grams of MD was recovered from the
applicant, which is non-commercial quantity as per the NDPS Act.
Rigors of Section 37 of the NDPS Act, would not apply to the instant
case. The applicant has nothing to do with the instant case. Nothing
incrimination has been recovered at the instance of the present
applicant. Bare perusal of the FIR shows that the applicant is neither
buyer not supplier of the seized contraband. Apart from the statement
of co-accused, there is nothing to show nexus between the applicant
and the instant crime. No purpose will be served by keeping him behind
bars. He undertakes to abide by any condition as the Court may deem
fit and proper. The applicant prayed for grant of bail.
5.

Ld. Counsel, Alisha Parekh for the applicant submitted that
only 30 grams of MD is recovered from the applicant. Present applicant
arrested due to statement made by accused no.1 Fahim. She relied upon
observations of Hon’ble Bombay High Court in following cases :(i) Smt. Rashida Iqbal Khan v/s. The State of Maharashtra in Criminal
Application no.2177/2006 decided on 21.06.2006,
(ii) Mohammed Rizwan Sayyed V/s. The State of Maharashtra in
Criminal Bail Applicatio no.2476 of 2023 decided on 30.10.2023, and
(iii) Sangeeta Y. Gaikwad v/s. State of Maharashtra in Criminal
Application no. 2597/2006 decided on 03.08.2006.
and submitted that the quantity seized from the applicant is less than
NDPS BA 897.23
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commercial quantity and there is no evidence to prove nexus of the
applicant with other accused. She prayed for bail to the applicant.
6.
accused
Ld. APP, Mr. Shankar Erande for the State submitted that
no.2
is
source
of
information.

Accused
no.1
and
applicant/accused no.2 are apprehended with contraband MD at the
spot. Accused no.1 stated name of accused no.3 from whom 400 grams
MD is seized. Accused no.3 revealed name of accused no.4, who is
found in possession of 250 grams MD. Investigation is not completed.
Charge-sheet is not filed. If he released on bail, he will flee from justice,
and threaten and pressurize the prosecution witnesses. Citations relied
by Ld. Adv. for the applicant are not applicable. He prayed for rejection
of bail application.
7.

Considering rival submissions and material on record, it
appears that accused no.1 Fahim was found in possession of 25 grams
MD and the applicant/accused no.2 found in possession 30 grams MD.
Accused no.1 and the applicant/accused no.2 made statement that they
have procured contraband from other co-accused no.3 and 4.
Investigating agency has right to interrogate with the applicant.
Information given by the applicant made the investigating Officer to
arrested to accused no.3 and 4, who were found in possession of 400
grams MD and 250 grams MD respectively. In short, evidence on record
is sufficient to show that the applicant was in contact with co-accused
possessing commercial quantity of contraband. Therefore, section 29 of
the NDPS Act can be applied to consider total quantity of contraband
seized from all accused. Total seized contraband is 705 grams MD,
which is fourteen times of commercial quantity. Proportion of seized
contraband show that all accused were doing business of sale of
contraband on large scale. Considering gravity of offence and available
NDPS BA 897.23
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evidence against the applicant, ratio in above referred cases is not
applicable to the case in hand. Rigors of section 37 of the NDPS Act are
applicable. The applicant is not entitled to bail. Considering all these
aspects, present application is liable to be rejected. Hence, I pass the
following order.
ORDER
1. NDPS Bail Application No. 897 of 2023 stands rejected.
2. Application is disposed off accordingly.

Sd/(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. no.44)
Date : 14.12.2023
Direct Typing on
Signed on
: 15.12.2023
: 15.12.2023
NDPS BA 897.23
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
15/12/2023
TIME
NAME OF STENOGRAPHER
04.40 p.m.

Mr. Ashok Sudhakar Patil
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
14.12.2023
Judgment/order uploaded on
15.12.2023
15.12.2023