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MHCC020195602023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 1111/2023
IN
C. R. NO. 292 OF 2023
Kesar @ Farman Maqsood Ahmed Ansari
Age : 31 years,
R/o : R. No.01, A-Q Line,
Plot No.43, Road No.7,
Shivaji Nagar, Govandi (W),
Mumbai – 400 043.
V/s.
The State of Maharashtra
(Shivaji Nagar Police Station)
… Applicant
… Respondent
Appearance :Mr. Ganesh Shinde, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
21.02.2024
ORDER
The instant application has been filed by the applicant
accused for grant of regular bail under section 439 of the Code of
Criminal Procedure in connection with Crime Number 292/2023
registered under Sections 8(c) read with Section 22(b) & 29 of the
Narcotic Drugs and Psychotropic Substances Act 1985 at Shivaji Nagar
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Police Station, Mumbai.
2.

In summary, the applicant asserts that he has not
committed any crime and has been falsely implicated in this case. His
background is clear, and he is well-established in society. The alleged
contraband seized from the applicant is of a non-commercial quantity.
There has been a violation of sections 42 and 50 of the NDPS Act. The
applicant is prepared to provide surety and comply with the conditions
of the bail bonds. Therefore, he may be granted bail.
3.

The application has been opposed by the investigating
officer through a say filed as Exhibit 2. It is contended that on March
18, 2023, while the complainant and other police personnel were on
patrol duty to monitor listed drug trafficking activities around 20:50
hrs., the applicant was observed by the police personnel under
suspicious circumstances on Kachara Depot Road, near Kamla Nagar
Flyover, Govandi, Mumbai, in a white car with registration number
05BJ4008. Three individuals were found in the car, identifying
themselves as i) Kesar @ Farman Maqsood Ahmed Ansari, ii) Mohd.
Salim Jalaluddin Chaudhari, and iii) Abdul Alim Ali Wahab Khan.
Panch witnesses were summoned, and the necessary sealing and
labeling materials were brought to the scene. A personal search was
conducted, during which the applicant was found to be in possession of
15 grams of MDMA. The contraband was seized following the required
procedures, leading to the applicant’s arrest. A panchanama was
prepared, and the accused was taken to the police station along with
the contraband, where an offense was registered. The applicant stated
to have obtained the contraband from one Abdul Alim Ali Wahab Khan
and intended to sell it. It is further contended that the offense is
serious, and therefore, the application may be rejected.
4.

The learned counsel, Mr. Ganesh Shinde, representing the
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applicant, submits that the applicant has not committed any crime and
has been wrongly accused in this case. There has been inadequate
compliance with sections 42 and 50 of the NDPS Act. The purported
contraband recovered from the applicant amounts to 15 grams of
MDMA, significantly below the commercial quantity threshold. The
applicant has a clean record and a fixed place of residence. Moreover,
the applicant is prepared to provide surety and adhere to the conditions
of the bail bonds. Consequently, it is requested that the applicant be
granted bail.
5.

On the other hand, the learned Assistant Public Prosecutor,
Mr. Shankar Erande, contends that the offense in question is severe and
that the investigation is still ongoing. He expresses concerns that if the
applicant were to be granted bail, there is a risk of him engaging in
similar criminal activities and potentially interfering with the
prosecution’s evidence. Therefore, Mr. Erande submits that the bail
application may be rejected.
6.

Taking into account the arguments presented by both
parties and the quantity of contraband allegedly seized from the
applicant, which amounts to 15 grams of MDMA and is significantly
below the commercial threshold, Section 37 of the NDPS Act, which
pertains to bail, does not seem applicable in this case. Additionally,
considering that the applicant appears to have a clean record and a
permanent place of residence, I am inclined to grant bail, subject to
stringent conditions. Therefore, I hereby pass the following order:
ORDER
1. The applicant, Kesar @ Farman Maqsood Ahmed Ansari, arrested in
Crime Number 292/2023 registered under Sections 8(c) read with
Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act,
1985 at Shivaji Nagar Police Station, Mumbai, shall be released on bail
upon executing a personal bond of Rs. 60,000/-
and one or two
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solvent sureties of the like amount, on the following conditions:
a. The applicant/accused is directed to report to the Shivaji Nagar
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. The applicant/accused is also required to surrender his
passport if any to the investigating officer immediately. If he has no
passport, he shall file an affidavit to that effect with the investigating
officer within one month from today.
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
any evidence or documents related to the case.
d. The applicant/accused must maintain a stable residence at his
current address in Shivaji Nagar, Govandi, Mumbai 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
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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.

2.

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

Date : 21.02.2024
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)
: 21.02.2024
: 26.02.2024
: 27.02.2024
: 27.02.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
28.02.2024
Name of the Judge
TIME
NAME OF STENOGRAPHER
01.10 p.m.

Mrs. S. W. Tuscano
HHJ Shri B. Y. Phad
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(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
21.02.2024
Judgment/order uploaded on
28.02.2024
27.02.2024