BA.No.963/2023
-1-
NDPS.RA.1328-2023
MHCC020163802023
Presented on
Registered on
Decided on
Duration
: 30-10-2023
: 30-10-2023
: 30-11-2023
: 0 years, 1 months, 0 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.963 of 2023
IN
NDPS REMAND APPLICATION NO.1328 OF 2023
Karim Yaqoob Shaikh
Age-33 years,
Address- Room No.230, Chawl No.D-5,
Gaiban Shah Dargah Road, Ashok Nagar,
Near Chand Tara Hotel, Ghatkopar,
Mumbai-400 086.

.. Applicant/
Accused No.3.

VERSUS
The State of Maharashtra
(at the instance of Ghatkopar Police
Station, vide CR.No.50 of 2022.)

.. Respondent.

Advocate Mr. Ayaz Khan for the Applicant/Accused No.3.
APP Mr. S.D. Erande for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
th
DATE : 30 November, 2023.
ORDER
1.
say.

Heard Counsel for the applicant and APP for the State. Perused
BA.No.963/2023
2.

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NDPS.RA.1328-2023
The applicant/accused no.3 has been arrested by the Officers of
the Ghatkopar Police Station in Special LAC/CR.No.50 of 2022 for
violation of Section 8(c) read with Sections 22(c), 27(a) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3.

The brief facts which are necessary to decide the Bail Application
are as follow:
..

As per the case of the prosecution in the FIR a team of Police
Officers under command of PSI Pisal attached to the Ghatkopar Police
Station had set out for patrolling on 19.02.2022 with a team of
constables. At about 6 a.m., they found a person moving suspiciously
near Noorani Masjid.

He was stopped.

The person gave evasive
answers. This made the police party more suspicion. They called the
night duty inspector PI Pardhi to the spot.

Panch witnesses were
arranged for. The applicant was apprised of his rights under Section 50
of the NDPS Act and he was searched. During his searched, 50 grams of
MD was found. The accused then led the police party to his house. In
his house additional 200 grams of Mephedrone (MD) was found. The
contraband found on the persons as well as in the house of the
applicant were kept in one plastic bag. The accused was arrested. He
disclosed that he had concealed some contraband in his house. He led
the team to his house. 200 grams MD was seized from the accused
Rahul Jaiswar who was present in the house. During the interrogation
they disclosed that the contraband was purchased from one Santosh
Apparao Sonwane, he was also arrested. No contraband was seized
from him. The mobile phones seized from the accused nos.1 to 3 were
taken up for analysis and on the basis of the analysis the role of the
present applicant was disclosed. It was found that there was a money
trail which shows that the applicant had received money from the
BA.No.963/2023
accused Santosh Sonwane.

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NDPS.RA.1328-2023
So also, 12 grams of Mephedrone was
seized from the applicant.
4.

The counsel for the accused has submitted that the accused was
apprehended one year after the date of incident. He was not present in
the city, but he was at his native place at Fathepur in UP. The accused
nos.1 and 2 from whom the commercial quantity of contraband was
seized have been released on bail. The quantity of contraband seized
from the applicant is intermediate quantity. Bar of Section 37 of the
NDPS Act would not apply. Moreover, the provisions of Section 27A will
not apply in case of a transaction of sell and purchase of narcotic
substance. He has also sought bail on grounds of parity and the other
accused have been released on bail.
5.

APP has submitted that there is a chain of supply of narcotic
substance and the recovery of an intermediate quantity of contraband
cannot be considered in isolation. Moreover, the accused is involved in
financing of trade in narcotic. In such case the accused could not be
released on bail.
6.

In this case the accused Rahul Jaiswar and Santosh Sonwane
from whom commercial quantity of contraband was seized have been
released on bail. The bail order is not challenged and has attained
finality.

The quantity of contraband seized is a an intermediate
quantity. In such case it would not be appropriate to keep the accused
behind bar. Hence, the following order is passed:
Order
1.

Bail Application No.963 of 2023 is hereby allowed.

BA.No.963/2023
2.

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NDPS.RA.1328-2023
Applicant/Accused No.3 Karim Yaqoob Shaikh, being accused in
CR.No.50 of 2022, registered with Ghatkopar Police Station, for the
offence punishable under Section 8(c) read with Sections 22(c), 27(a)
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be
released on furnishing solvent surety and P.R. bond of Rs.50,000/(Rupees Fifty Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses, if
any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with Ghatkopar Police Station, on every Tuesday
and Friday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar nature.

8.

Bail Application No.963 of 2023 in NDPS Special Case No.1328 of
2023 is disposed off.

Date : 30.11.2023
Dictated on
: 30.11.2023
Transcribed on : 01.12.2023
HHJ signed on : 01.12.2023
Sd/(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.963/2023
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NDPS.RA.1328-2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01.12.2023/5.47 p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 30.11.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
01.12.2023
JUDGMENT/ORDER uploaded on
01.12.2023