NDPS BA No.924/2023
..1..

in NDPS RA No.1293/2023
MHCC020157992023
Presented on
: 17-10-2023
Registered on : 17-10-2023
Decided on
: 30-10-2023
Duration
: 13 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.924 OF 2023
IN
NDPS REMAND APPLICATION NO.1293 OF 2023
Iqrar Tajmohammad Baloch
Aged : 30 years, Occ: Nil
R/at : Room No. 50, Makrani Pada,
Gaodevi Dongar, Andheri West, Mumbai.

)
)
)
) .. Applicant/Accused
V/s.
State of Maharashtra
(At the instance of D.N. Nagar police
station, Mumbai, vide Spl. LAC/C.R.
No.516/2023).

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

NDPS BA No.924/2023
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in NDPS RA No.1293/2023
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 Iqrar
Tajmohammad Baloch under section 439 of Code of Criminal Procedure
for enlarging him on bail in Spl. LAC/C.R. No.516/2023 registered at
D.N. Nagar police station, Mumbai for the offences punishable under
section 8(c) r/w section 21(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 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.516/2023.
Learned Advocate for applicant/accused argued that, as per the
prosecution case, on 17/08/2023, 17 gram Heroin was recovered from
the possession of the co-accused. The co-accused Ismail Khuddus Khan
during investigation stated that, said Heroin was supplied to him by the
applicant/accused
for
the
purpose
of
sale
and
therefore, the applicant/accused was arrested on 09/10/2023 and
offence punishable under section 8(c) r/w section 21(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 co-
NDPS BA No.924/2023
..3..

in NDPS RA No.1293/2023
accused. Statement of the accused is not admissible. Nothing is
recovered from the possession of the applicant/accused. The quantity of
contraband recovered from co-accused 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.
Ld. Advocate for the applicant/accused kept his reliance on
the following citations :
No.1
Abbas Ali Razzak Hussain @ Zahir Rupani
Vs. Union of India and Anr., in Bail
Application
No.1084/2022,
dated
02/03/2023 of Hon’ble Bombay High
Court.

No.2
Shashikant Prabhu Vs. Rahul Saini,
Intelligence Officer NCB, Mumbai and
Anr, Bail Application No.198/2019,
with
Harshad Chandrakant Gawde @ Harry Vs.
State of Maharashtra and Anr., Bail
Application
No.198/2019,
dated
21.12.2020 of Hon’ble Bombay High
Court.

Court has gone through the observations made therein.
4.

On the other hand, Ld. APP argued that, 17 gram Heroin
was recovered from the possession of the co-accused Ismail Khuddus
Khan. The co-accused Ismail Khuddus Khan during investigation stated
NDPS BA No.924/2023
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in NDPS RA No.1293/2023
that, said Heroin was supplied to him by the applicant/accused for sale.
Therefore, present applicant/accused is arrested. There is positive
material on record to show the nexus between the applicant/accused
and the co-accused. Wanted accused is yet to be arrested. The material
on
record
prima
facie
indicates
the
nexus
between
the
applicant/accused and the co-accused and the 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 21(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 the co-accused is admissible at the
stage 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 is yet to be arrested. In the present case till date investigation is
not completed. Therefore, in the humble opinion of this court, facts of
the present case ae different than facts of the judgment of Abbas Ali
Razzak Hussain @ Zahir Rupani Vs. Union of India and Anr., and
NDPS BA No.924/2023
..5..

in NDPS RA No.1293/2023
Shashikant Prabhu Vs. Rahul Saini, Intelligence Officer NCB, Mumbai
and Anr, cited supra relied by the applicant/accused.
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
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.

NDPS BA No.924/2023
8.

..6..

in NDPS RA No.1293/2023
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.
ORDER
1.

NDPS Bail Application No.924/2023 of applicant/accused Iqrar
Tajmohammad Baloch in Spl. LAC/C.R. No.516/2023 in NDPS
RA No.1293/2023, is rejected.

2.

NDPS Bail Application No.924/2023, is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.10.31
15:23:53 +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.924/2023
..7..

in NDPS RA No.1293/2023
“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