BA.No.967/2023
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NDPS.RA.No.1271/2023
MHCC02-016395-2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER
BOMBAY
BAIL APPLICATION NO.967 OF 2023
IN
NDPS REMAND APPLICATION NO.1271/23
Mehboob Guru Pasha Shaikh
)
Age :- 43 years, Occupation :-
)
R/at : Ganesh Krupa CHS,Dyneshwar
)
Nagar, Kherwadi,Bandra(E), Mumbai.

)
..Applicant/Accused.

V/S
The State of Maharashtra
)
(at the instance of Kherwadi Police
)
Station, vide C.R.No.628 of 2023.

)
.. Respondent.

Advocate Saba Shaikh for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
th
DATE : 2 January, 2024.
ORDER
1.

This is an application for bail by applicant/accused
Mehboob Guru Pasha Shaikh who has been arrested by
Kherwadi Police Station in C.R.No.628 of 2023, for the offence
punishable under Section 8(c) read with Section 22(B), 29 of
BA.No.967/2023
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NDPS.RA.No.1271/2023
the Narcotic Drugs and Psychotropic Substance Act, 1985, (for
short, ‘NDPS Act’).
2.

The case of the prosecution is that on 19.09.2023,
during the routine course of patrolling the police party saw
the applicant and one another person standing near public
toilet in suspicious circumstances. They were detained and
panch witnesses were arranged. They were searched in
presence of two panch witnesses.

During their personal
search 6 grams of MD was found and they have been
prosecuted for violation of the NDPS Act.
3.

The counsel for the accused has submitted that seized
quantity is a non commercial quantity and hence, bar of
Section 37 of the NDPS Act would not apply. Moreover, there
is non compliance with the statutory provisions regarding
search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress
and considering the gravity of offence, bail may be rejected.
5.

Heard both the sides.

Perused the say filed by the
prosecution.
6.

The seized contraband is non commercial quantity.

Hence, bar of Section 37 of the NDPS Act would not apply.
Considering the quantity of contraband seized and that there
are
no
criminal
antecedents.

Therefore,
impediment to release the accused on bail.
following order is passed:
there
is
no
Hence, the
BA.No.967/2023
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NDPS.RA.No.1271/2023
Order
1.

Bail Application No.967 of 2023 is hereby allowed.

2.

Applicant/Accused Mehboob
being
accused in C.R.No.628
Guru Pasha Shaikh,
of 2023,
registered with
Kherwadi Police Station, for the offence punishable under
Section 8(c) read with Section 22(B), 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
addressed, 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 Kherwadi Police Station,
on every Monday and Saturday between 11.00 a.m. and 4.00
p.m., untill 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.

BA.No.967/2023
8.

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NDPS.RA.No.1271/2023
Bail Application No.967 of 2023 in NDPS Remand
Application No.1271 of 2023 is disposed off.

Date : 02.01.2024
Dictated on
Typed on
HHJ signed on
: 02.01.2024
: 02.01.2024
: 02.01.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.