BA.No.990/2023
-1-
NDPS.RA.1311/2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.990 OF 2023
IN
NDPS REMAND APPLICATION NO.1311 OF 2023
CNR NO.MHCC02-016783-2023
Mohammad Chand Meddin Shaikh
Aged-38 years, Occupation-Costume Designer,
Address-Room No.1408, Building B/Wingh,
Sarvodaya Sahakari, Grihnirman Society,
Link road, Behrambaugh, Jogeshwari (West),
Mumbai-400 102.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Versova Police
Station, vide C.R.No.503 of 2023.)

.. Respondent.

Advocate Mr. Parab for the Applicant/Accused.
APP Mr. Wajid Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 14th December, 2023.
ORDER
1.

This is an application for bail by applicant/accused Mohammad
Chand Meddin Shaikh who has been arrested by officers of Versova
Police Station in C.R.No.503 of 2022, for the offence punishable under
Section 8(c) read with Section 22(b) of the Narcotic Drugs and
Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).

BA.No.990/2023
2.

-2-
NDPS.RA.1311/2023
The case of the prosecution is that on 04.10.2023, during the
routine course of patrolling the police party saw the applicant. He was
standing on the road. He was waiting for somebody. His movements
were suspicion. He was detained and panch witnesses were arranged.
He was searched in presence of two panch witnesses.

During his
personal search 5 grams of MD was found and he has 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, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Bail Application No.990 of 2023 is hereby allowed.

2.

Applicant/Accused Mohammad Chand Meddin Shaikh, being
accused in CR.No.503 of 2023, registered with Versova Police Station,
for the offence punishable under Section 8(c) read with Section 22(b)
of the Narcotic Drugs and Psychotropic Substances Act, 1985, be
BA.No.990/2023
-3-
NDPS.RA.1311/2023
released on furnishing solvent surety and P.R. bond of Rs.40,000/(Rupees Forty 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 Versova Police Station, on every Tuesday and
Thursday 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.990 of 2023 in NDPS Remand Application
No.1311 of 2023 is disposed off.

Date : 14.12.2023
Dictated on
: 14.12.2023
Transcribed on : 15.12.2023
HHJ signed on : 15.12.2023
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.990/2023
-4-
NDPS.RA.1311/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.12.2023/1.25 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 14.12.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
15.12.2023
JUDGMENT/ORDER uploaded on
15.12.2023