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BA 796/18 (RA 1077/18)
IN THE COURT OF SPECIAL JUDGE FOR N.D.P.S CASES FOR
GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO. 796/2018
IN
NDPS R.A. NO. 1077/2018
Irfan Nawab Shaikh
..Applicant/accused
V/s.
The State of Maharashtra,
(ANC, Azad Maidan Unit,
C.R. No. 51/18)
…Respondents.

Appearance:­
Ld. Adv. Mr. Liman for the applicant/ accused.
Mr. P.S Tawade, Ld. APP for the State.
Coram :
Date :
Shri. V.V. Vidwans, H.H.J The Special Judge (NDPS)
(CR No.42).
03.11.2018.
ORAL ORDER
1.

This is an application for grant of regular bail filed on
behalf of accused u/s. 439 of Cr.P.C. Perused the application. Say of Ld.
APP for the State was called and it is submitted on the application itself.
Seen and considered the say.

Ld. APP Mr. Tawade has given no
objection.
2.

I have heard Ld. Adv. Mr. Liman for the accused and Ld.

APP Mr. Tawade for the State. It is submitted on behalf of the accused
that, on 30.10.2018, accused has been arrested red­handed by ANC,
Azad Maidan Unit while possessing 10 grams of MD powder. He further
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BA 796/18 (RA 1077/18)
submitted that, the quantity of seized contraband is less than 50 grams,
the non­commercial quantity. The accused is permanent resident of the
given address and is not likely to abscond. He is ready to abide by the
conditions if any imposed by this Court. This Court has discretion to
grant bail to the accused, as stringent provisions of Sec.37 of NDPS Act
are not applicable. Hence, application deserves to be allowed.
3.

Considering the submissions and facts and circumstances of
the case, more particularly the fact that the accused is permanent
resident of the given address and the quantity of the seized contraband
is 10 grams MD powder, which is non­commercial quantity. Hence, I am
of the opinion that, it will be just and proper to release the accused on
bail subject to conditions. Hence, I proceed to pass following order:­
ORDER
1.

Bail Application No.796 of 2018 is hereby allowed.

2.

Accused/ applicant Irfan Nawab Shaikh shall be
released on his executing P.R. Bond of Rs.25,000/­
(Rs. Twenty Five Thousand Only) with one or two
solvent sureties in the like amount subject to
following conditions:
(i) The accused/ applicant shall attend ANC, Azad
Maidan Unit once in a fortnight on every 1 st and 3rd
Sunday between 11.00 am to 2.00 pm.
(ii) The applicant/ accused shall not tamper with
prosecution witnesses/evidence in any manner and
co­operate in the investigation.
(iii) The applicant/accused shall furnish his cell/
landline number and also of his two nearest
relatives or his two friends, preferably residing in
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BA 796/18 (RA 1077/18)
Mumbai.
(iv) The applicant/accused shall furnish his cell/
land­line number and also of his two nearest
relatives as well as of his two friends preferably
residing in Mumbai.
(v) The applicant/accused shall produce the
proof of his identity and proof of residence at
Mumbai at the time of executing the bail bond.
3.

The applicant/accused shall not commit similar
offence while on provisional bail.

4.

B.A. No. 796/2018 stands disposed of accordingly.

Date:­ 03.11.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

Later on :­
1.

Ld. Adv. Mr. Liman for the accused has orally prayed for
releasing the accused / applicant on provisional cash bail of Rs.25,000/­
for a period four weeks.
2.

Considering the aspect that the accused will require some
reasonable time for arranging surety, it will be just and proper to
release the accused on provisional cash bail as prayed for. Hence,
following order:­
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BA 796/18 (RA 1077/18)
ORDER
1.

Accused/ applicant Irfan Nawab Shaikh shall be
released on provisional cash bail on his depositing
provisional cash bail of Rs.25,000/­ in this Court
for a period of four weeks.

2.

The accused shall surrender himself on or before
expiry of four weeks and furnish surety as
directed by this Court.

3.

Registrar (S) is directed to accept the cash bail
amount after treasury hours.

4.

Rest of the conditions shall remain as it is.

Date:­ 03.11.2018
(V.V. Vidwans)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR 42).

Dictated on: 3.11.2018
Transcribed on: 3.11.2018
HHJ signed on:3.11.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 3.11.2018
TIME: 5.15 pm
(NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.

Name of the judge (with Court Room No.)

Shri V.V. Vidwans, Spl. Judge & Addl. Sessions
Judge (C.R. 42)
Date of pronouncement of Judgment/ Order
3.11.2018
Judgment/ order signed by P.O on
3.11.2018
Judgment/ order uploaded on
3.11.2018