BA 350.24
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MHCC020024862024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 350/2024
IN
C. R. NO. 199 OF 2024
Ikrar Mohammed Hanif Rashbare
Age : 44 years, Occu.: Service
R/o : Hamida Apartment,
C-Building, R. No.111, 1st floor,
Khopcharpada, Near Manik Wadapav,
Virar, Palghar.
V/s.
The State of Maharashtra
(Bandra Police Station)
… Applicant/accused no.2
… Respondent
Appearance :Mr. Husen Shaikh, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
26.02.2024
ORDER
The instant application has been filed by the applicant
Ikrar Mohammed Hanif Rashbare under Section 439 of the Code of
Criminal Procedure, 1973 for grant of regular bail in connection with
Crime No. 199/2024 registered under Sections 8 (c) r/w 20(b) & 29 of
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the Narcotic Drugs and Psychotropic Substances Act, 1985 registered
with Bandra Police Station, Mumbai.
2.

In brief, according to the applicant, he has not committed
any crime and has been falsely arrested in this case. Nothing
incriminating has been found during the search of his house. There is
non-compliance with Section 42 and Section 50 of the NDPS Act by the
police. The contraband allegedly recovered from the applicant falls
under a non-commercial quantity, and therefore, the provisions of
Section 37 of the NDPS Act do not apply in the present case. He has
deep roots in society. He is prepared to provide surety as directed by
this Court and abide by the conditions of the bail bonds. Therefore, the
applicant requests to be released on bail.
3.

This application has been objected by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 04.02.2024
while the complainant alongwith police staff were on patrolling duty,
they found accused no.1 possessing 560 gms. Ganja and accused no.2
possessing 600 gms. Ganja. Said contraband came to be seized under
panchanama and both the accused were arrested. If the applicant is
released on bail, he may tamper with prosecution witnesses and may
abscond. Therefore, bail application may be rejected.
4.

Learned counsel, Mr. Husen Shaikh for the applicant
submits that the applicant has not committed any crime and he has
been falsely implicated in this case. The applicant has clean antecedent.
Therefore, the applicant may be released on bail. The applicant is
having deep roots in the society and ready to furnish surety and abide
by conditions of the bail bonds. Therefore, the applicant may be
released on bail.
5.

On the other hand, learned APP Mr. Shankar Erande
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submitted that the applicant has committed serious crime. If the
applicant is released on bail, he may abscond, tamper with prosecution
evidence, and pressure witnesses. Therefore, the bail application may
be rejected.
6.

Considering the submissions from both sides and nature of
offence which is not pertaining to commercial quantity under NDPS Act
and since it appears that the applicant is well rooted in the Society and
has no antecedents of commission of any crime, I think it proper to
release the applicant on bail. Hence the following order:
ORDER
1. Bail Application No. 350/2024 is hereby allowed.
2. The applicant, Ikrar Mohammed Hanif Rashbare, arrested in Crime
Number 199/2024 registered under Sections 8(c) read with Section
20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 at Bandra Police Station, Mumbai, shall be released on bail upon
executing a personal bond of Rs. 60,000/- and one or two solvent
sureties of the like amount, on the following conditions:
a. The applicant/accused is directed to report to Bandra Police Station
every Sunday between 10.00 a.m. to 11.00 a.m., till filling of the final
report without fail.
b. The applicant/accused is prohibited from leaving the jurisdiction of
Mumbai without explicit permission from the investigating officer or
the Court.
c. The applicant/accused is strictly prohibited from making any form of
contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
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any evidence or documents related to the case.
d. The applicant/accused must maintain a stable residence at his
current address in Virar, Palghar and is required to inform the court and
the investigating officer of any change in his residential address. The
applicant/accused shall furnish his active mobile numbers to the
Investigating Officer and shall also immediately report any change in
his mobile numbers.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if he does not possess any
passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
3.

Failure to adhere to any of these conditions will result in the
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immediate revocation of bail and may lead to further legal
consequences.

Date : 26.02.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 26.02.2024
: 27.02.2024
: 29.02.2024
: 01.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
01.03.2024
TIME
NAME OF STENOGRAPHER
04.45 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
26.02.2024
Judgment/order uploaded on
01.03.2024
01.03.2024