NDPS BA No.758/2023
..1..
in NDPS RA No.1100/2023
MHCC020131362023
Presented on
: 30-08-2023
Registered on : 30-08-2023
Decided on
: 07-10-2023
Duration
: 01 M, 07 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.758 OF 2023
IN
NDPS REMAND APPLICATION NO. 1100 OF 2023
Kaynaat Sahil Khan
Aged about : 24 years, Occ:
R/at : Room No.102, Building No.10,
HDIL Building, Kohinoor Hospital, Kurla
(West), Mumbai.
)
)
)
)
) ..Applicant/Accused No.10
V/s.
The State of Maharashtra
)
(At the instance of Crime Branch Unit-6, )
Mumbai, vide C.R. No.56/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Mandaar Goswami, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 07/10/2023
NDPS BA No.758/2023
..2..
in NDPS RA No.1100/2023
ORAL ORDER
This is an application taken out by applicant/accused No.10
Kaynaat Sahil Khan under section 439 of Code of Criminal Procedure
for enlarging her on bail in C.R. No.56/2023 registered at Crime
Branch, Unit-6, Mumbai (C.R. No.172/2023 registered with Navghar
police station, Mumbai) for the offences punishable under section 420,
465, 468 and 471 of the Indian Penal Code (here-in-after referred as
“IPC”) and for the offences punishable under section 8(c) r/w section
22(c) section 20 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 No.10 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 C.R. No.56/2023. Learned
Advocate for applicant/accused argued that, the applicant/accused is
falsely implicated in the present case. Applicant/accused is the wife of
the co-accused No.1 Sahil Ramzan Ali Khan @ Massa. She is arrested on
the basis of the statement of the co-accused No.8 Raees Ameen Qureshi.
Nothing is recovered from her. She is woman having three children.
Statement of the co-accused is not admissible. There is no positive
material to show nexus between the applicant/accused and the coaccused. Applicant/accused was arrested on 23/08/2023 and offence
punishable under section 8(c) r/w section 22(c), section 20 and section
29 of NDPS Act is registered against the applicant/accused and co-
NDPS BA No.758/2023
..3..
in NDPS RA No.1100/2023
accused. The applicant/accused is resident of Mumbai. She 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
Bharat Chaudhary Vs. Union of India in Petition
for Special Leave to Appeal (Criminal)
No.5703/2021, dated 13.12.2021 of Hon’ble
Apex Court.
No.2
Arif Abdul Shaikh Vs. Union of India & Anr.
in Bail Application No.1305/2018 dated
14.06.2019 of Hon’ble Bombay High Court.
No.3
Abdul Mohammed Shaikh Vs. Union of
India and Anr, in Criminal Bail Application
No.102/2020, dated 05.05.2021 of Hon’ble
Bombay High Court.
No.4
State by (NCB) Bangaluru Vs. Pallulabid Ahmad
Arimutta & Anr., in Petition for Special Leave to
Appeal (Criminal) No.242/2022 (Arising out of
Diary No.22702/2020), dated 10.01.2022 of
Hon’ble Apex Court.
Court has gone through the observations made therein.
4.
On the other hand, Ld. APP argued that, on 16.08.2023, 62
gram Mephedrone (MD) was recovered from the possession of the coaccused no.1 Sahil Ramzan Ali Khan, 54 gram Mephedrone (MD) was
recovered from the co-accused No.2 Mohammad Azmal Qasam Shaikh,
31 grams Charas was recovered from the possession of the co-accused
NDPS BA No.758/2023
..4..
in NDPS RA No.1100/2023
No.3 Shamshuddin Niazuddin Shah, 20 grams Mephedrone (MD) was
recovered from the possession of the co-accused No.4 Imran Aslam
Pathan, 14 grams Mephedrone (MD) was recovered from the co-accused
No.5 Mohammad Taufiq Shaukat Ali Mansoori and 18 grams
Mephedrone was recovered from co-accused No.6 Mohammad Ismail
Salim Siddhiqe who were found in one Car. Moreover, 58 grams
Mephedrone (MD) was recovered form co-accused No.7 Sarfaraz Shabir
Ali Khan @ Golden Bhura and 14 grams Charas was found in possession
of co-accused No.9 Priyanka Ashok Karkaur, who were sitting in the car
bearing Registration No.MH-04-GZ-2772. During investigation coaccused disclosed that, they had procured the contraband from the
applicant/accused and the co-accused No.1. Applicant/accused used to
sale the contraband with the aid of the co-accused and used to deposit
the amount thereof in her account. The cumulative quantity of
contraband recovered in the crime is commercial. Therefore, rigours of
section 37 of the NDPS Act are attracted. There is positive material on
record to indicate the nexus between applicant/accused and the coaccused and to show that applicant/accused and co-accused had
hatched conspiracy. Applicant/accused is a drug peddler and there is
positive material to show her involvement and nexus with the coaccused. Investigation is in progress. Section 29 of the NDPS Act is
applicable to the present case and therefore, rigours of section of 37 of
the NDPS are also applicable to the case of applicant/accused and the
co-accused. If the applicant/accused is released on bail at this stage,
investigation may be hampered. Therefore, Ld. APP submitted that
application be rejected.
Ld. APP kept his reliance on the following citations.
NDPS BA No.758/2023
..5..
in NDPS RA No.1100/2023
No.1
Narcotics Control Bureau Vs. Mohit
Aggarwal, Criminal Appeal Nos.11011102/2022 (Arising out of Petition for
Special Leave to Appeal (Cri.) No(s).612829/2021), dated 19/07/2022 of Hon’ble
Apex Court.
No.2
Mr. Mohammed Aun Javed Haider Sayed
Vs. Union of India in
Criminal Bail
Application
No.3041/2021
dated
15.11.2021 of Hon’ble Bombay High Court.
Court has gone through the observations made therein.
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 22(c), section 20 and section 29 of NDPS
Act, 1985. The cumulative quantity of the contraband recovered from
the co-accused in the present crime is commercial quantity. From prima
facie appreciation of material on record and it appears that, the
applicant/accused is the wife of co-accused No.1 from whose possession
contraband was recovered. Investigation reveals that, applicant/accused
used to supply the contraband to the co-accused and the amount
thereof is deposited in her account. Therefore, prima facie there appear
involvement of the applicant/accused in the present crime and there
appear
nexus
between
applicant/accused
and
the
co-accused.
Therefore, 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 co-accused had no nexus with the coaccused and they had not hatched any conspiracy. From the
appreciation
of
the
material
on
record
it
appears
that,
applicant/accused and co-accused are drug peddler and involved in the
NDPS BA No.758/2023
..6..
in NDPS RA No.1100/2023
drug trafficking and applicant/accused had active role in the present
crime. Therefore, there appear substance in the contention of the
prosecution that, applicant/accused had nexus with co-accused and the
applicant/accused and co-accused had hatched criminal conspiracy.
Therefore, prima facie section 29 of the NDPS Act is applicable to the
case of applicant/accused and the co-accused. Therefore, rigours of
section 37 of NDPS Act are also applicable to the case of
applicant/accused and the co-accused.
6.
From appreciation of the material on record, it appears that
the applicant/accused has not demonstrated that there are reasonable
grounds to believe that she is not guilty of the offence alleged to have
been committed by her. On the other hand, from prima-facie
appreciation of material on record, there appear reasonable grounds to
believe that the applicant/accused has committed the offence alleged to
be committed by her. Therefore, applicant/accused failed to satisfy the
conditions laid down in section 37 of the NDPS Act. Merely because
nothing has been seized by the applicant/accused will not absolve her
of the allegations particularly when there appear presence of material
about conspiracy and recovery of commercial quantity of drugs from the
co-accused. In the present matter there appear positive material which
indicates nexus between the applicant/accused and the co-accused.
Therefore, there appear no substance in the contention of the
applicant/accused that, she is arrested only on the basis of the
statement of the co-accused.
The facts of the judgment relied by the applicant/accused
cited supra are different than the facts of the present case. Therefore, in
NDPS BA No.758/2023
..7..
in NDPS RA No.1100/2023
the humble opinion of this Court observations therein are not helpful to
the case of the applicant/accused.
7.
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,
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.
8.
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.758/2023
9.
..8..
in NDPS RA No.1100/2023
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.
10.
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.758/2023 of applicant/accused No.10
Kaynaat Sahil Khan
in C.R. No.56/2023 in NDPS RA
No.1100/2023, is rejected.
2.
NDPS Bail Application No.758/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 07/10/2023.
Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.10.09
13:37:58 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
07/10/2023
Transcribed on
:
07/10/2023
Checked on
:
07/10/2023
Signed on
:
09/10/2023
NDPS BA No.758/2023
..9..
in NDPS RA No.1100/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
09.10.2023
TIME
NAME OF STENOGRAPHER
01.36 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.
07/10/2023
Judgment/order signed by P.O
on
09/10/2023
Judgment/order uploaded on
09/10/2023