BA 847/2023
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MHCC020145382023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 847 OF 2023
IN
C. R. No. 91/2023
Fardeen Mehafus Khan
Age : 22 years, Occu. : Driver
R/at : R. No.13, Nazma Begum Chawl,
Near Skyline Building,
Chimatpada, Marol Naka,
Andheri (E), Mumbai.

… Applicant
V/s.
State of Maharashtra
(Sahar Police Station)
… Respondent
Appearance :Mr. Sachin Shirke, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
30.10.2023
ORDER
This is an application filed by applicant – Fardeen Mehafus
Khan for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested by the officers of respondent on
07.09.2023 in C.R. No. 91/2023 registered at Sahar Police Station,
Mumbai for offence punishable under sections 8(c) r/w sec. 22 (b) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short,
BA 847/2023
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“the NDPS Act”). Perused bail application and say filed by the
Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Mr. Sachin Shirke for the applicant and
learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 06.09.2023 at 09.00
p.m. informant – PH Shivraj Mashal attached to Andheri Police Station
resumed his duty. Thereafter, as per direction of Sr. PI Sanjay Govilkar,
informant along with API Bavkar and other police staff attached to
Andheri Police Station left for patrolling duty within jurisdiction of
Sahar Police Station. At about 20.55 hrs., when they reached to Ganesh
Maidan, Chimatpada, Marol Naka, Andheri (W), Mumbai, they saw one
person moving suspiciously by waiting someone. Hence, he was
apprehended. During enquiry with him, he stated his name as Fardeen
Mehafus Khan. Thereafter, panchas were called and after completing
necessary procedure, his search was conducted wherein he was found in
possession of 5.3 gms. of MD kept in his right said pant pocket and one
oppo company mobile kept in his shirt pocket. Said contraband came to
be seized under panchanama and accused came to be arrested after
registration of the offence.
4.

The applicant is seeking bail on the grounds that he is
peace loving person, residing at the above mentioned address.

The
applicant is permanent resident of Mumbai. The contraband allegedly
recovered from the present applicant is 5.3 gms. MD, which falls under
small quantity. Hence, bar u/sec. 37 of NDPS Act is not attracted.
Investigation has been completed. No fruitful purpose will be served by
keeping the applicant in jail. The applicant is ready and willing to abide
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by all conditions imposed by this Court. He prayed for bail.
5.

Ld. Adv. Mr. Sachin Shirke for the applicant submitted that
the applicant/accused has been arrested on 07.09.2023 by the officers
of respondent while performing patrolling duty. The contraband
allegedly recovered from the applicant is 5.3 gms. MD and it is
intermediate quantity. Hence, bar u/sec. 37 of the NDPS Act does not
attract. The applicant has no criminal antecedents. The applicant is 22
years young boy. Hence, he prayed for granting bail to the applicant.
6.

Ld. APP Shankar Erande for the State submitted that while
performing patrolling duty, the applicant was found in possession of 5.3
gms. of MD. It is chance recovery. All provisions under NDPS Act have
been followed. Though contraband recovered from the applicant falls
under non-commercial quantity, offence is serious in nature. He prayed
for rejection of the bail application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered from the applicant. Bar under
section 37 of the NDPS Act is not attracted. The applicant has no
criminal antecedents. The applicant is resident of Mumbai. Presence of
the applicant can be secured for investigation as well as trial purpose.
Stringent conditions can be imposed while releasing the applicant on
bail in order to serve purpose of remaining investigation. For all these
reasons, the applicant is entitled to bail. Hence, I pass the following
order.
ORDER
1. Bail Application No. 847/2023 is hereby allowed.

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2. Applicant/accused Fardeen Mehafus Khan in C.R. No. 91/2023 of
Sahar Police Station, Mumbai registered under section 8(c) r/w 22 (b)
of the Narcotic Drugs and Psychotropic Substances Act, 1985 shall be
released on his executing P. R. Bond of Rs. 30,000/- (Rs. Thirty
Thousand only) with one or two sureties in the like amount.
3. The applicant/accused to attend Sahar Police Station on every
Monday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile numbers and correct addresses of their respective residences
along with names of two relatives with their mobile numbers and
addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.30,000/- for the next four weeks from the date of this order.
9. Bail application no. 847/2023 is disposed off accordingly.

Date : 30.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
Dictated on
: 30.10.2023
Transcribed on : 01.11.2023
Signed on
: 02.11.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
BA 847/2023
03.11.2023
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12.20 p.m.

Name of the Judge
Mrs. S. W. Tuscano
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
30.10.2023
02.11.2023
03.11.2023