BA.No.947/2024
-1-
NDPS.RA.1333-2024
MHCC020174292024
Presented on
Registered on
Decided on
Duration
: 21-11-2024
: 21-11-2024
: 12-12-2024
: 0 years, 0 months, 21 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.947 OF 2024
IN
NDPS REMAND APPLICATION NO.1333 OF 2024
Mohsin Khatib Khan
Age-36 years,
R/at: Near Geeta Vikas Mandir,
Plot No.43/A/A/3 Shivaji Nagar,
Road No.5, Govandi, Mumbai-400 043.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
At the instance of Shivaji Nagar
Police Station, vide CR.No.797/2024.

.. Respondent.

Ld. Advocate Shri Asif Shaikh for the Applicant/Accused.
Ld. APP Mrs. Sulbha Joshi for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
S. E. Bangar (Court Room No.42)
DATE : 12th December, 2024.
ORDER
Background:
1.

The applicant, Mohsin Khatib Khan, has filed an application for
bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
BA.No.947/2024
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NDPS.RA.1333-2024
2023, read with Sections 8(c) and 22(b) of the NDPS Act, 1985. The
applicant has been charged with possession of 6.17 grams of
Mephedrone (MD), which is an intermediate quantity under the NDPS
Act. The co-accused in the same case have been released on bail.
2.

The prosecution opposes the bail application, citing:
i)
Risk of tampering with evidence.

ii)
The applicant’s alleged involvement in a larger drug
iii)
Pending investigation regarding the drug supply chain and co-
network.

accused.
3.

Submissions:
i)
Applicant:
The applicant contends that he has been falsely implicated.
The contraband seized is of intermediate quantity, and the co-
accused have been granted bail.
He assures cooperation in the investigation and compliance with
any conditions imposed by the court.
ii)
Prosecution:
The prosecution argues that the applicant is directly linked to the
illicit trade of narcotics.
The applicant’s release may jeopardize the investigation and pose
a risk to public safety.
4.

Legal Framework:
i)
Intermediate Quantity:
As per the NDPS Act, possession of an intermediate quantity does
not attract the rigors of Section 37, unlike commercial quantities.

BA.No.947/2024
ii)
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NDPS.RA.1333-2024
Principles Governing Bail:
In State of Kerala vs. Rajesh (2020) 12 SCC 122, the Supreme
Court emphasized that bail should be considered based on:
The likelihood of the accused not being guilty.
The probability of the accused not committing further offenses if
released.
iii)
Co-Accused on Bail:
In Sanjay Chandra vs. CBI [(2012) 1 SCC 40], the Supreme
Court highlighted the principle of parity in bail matters when coaccused are similarly placed and already enlarged on bail.
iv)
Presumption of Innocence:
The presumption of innocence must be balanced with societal
interests, as reiterated in Union of India vs. K.A. Najeeb (2021) 3 SCC
713.
v)
Compliance with Procedural Safeguards:
The procedural safeguards under Section 50 of the NDPS Act are
mandatory, as held in State of Punjab vs. Baldev Singh (1999) 6 SCC
172.
5.

Analysis:
1.

Intermediate Quantity:
The contraband seized from the applicant (6.17 grams of MD)
qualifies as intermediate quantity. The punishment for such offenses is
less stringent than for commercial quantities, and the rigors of Section
37 are not applicable.

BA.No.947/2024
2.

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NDPS.RA.1333-2024
Parity with Co-Accused:
The co-accused in the same case have already been released on
bail. While the applicant’s role must be evaluated independently, the
principle of parity cannot be ignored unless there are distinguishing
factors, which are absent in this case.
3.

Pending Investigation:
The investigation is incomplete, with tasks like chemical analysis
of the contraband, arrest of other accused, and uncovering the supply
chain still pending. However, the applicant has been in custody since
11/11/2024, and continued incarceration for intermediate quantity
contraband is disproportionate.
4.

Risk of Tampering and Re-Offense:
The applicant is a permanent resident of Mumbai with no
significant flight risk. Suitable conditions can mitigate the risks of
tampering or re-offense.
5.

Procedural Safeguards:
The prosecution claims compliance with procedural safeguards
under Section 50 of the NDPS Act. The defense has raised issues
regarding non-compliance, which will be evaluated during the trial.
6.

Conclusion:
Considering the following factors:
1.

The contraband seized is of intermediate quantity.

2.

The co-accused have already been granted bail.

3.

The applicant has no significant flight risk and has assured
cooperation.

BA.No.947/2024
4.

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NDPS.RA.1333-2024
The investigation has progressed substantially, and further
custody is not warranted solely for the pending tasks.
The court is inclined to grant bail to the applicant, subject to
strict conditions to ensure fairness in the investigation and prevent
misuse of liberty. Hence, the following order is passed:
Order
1.

Bail Application (NDPS) No.947 of 2024 in NDPS Remand
Application No.1333 of 2024 is hereby allowed and disposed of.
2.

Applicant/Accused Mohsin Khatib Khan, age-36 years, resident of
Near Geeta Vikas Mandir, Plot No.43/A/A3, Shivaji Nagar, Road No.5,
Govandi, Mumbai, be released on bail upon executing a personal bond
of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like
amount, in connection with CR.No.797 of 2024 of Shivaji Nagar Police
Station, Mumbai, for the offences punishable under Sections 8(c) and
22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.

The applicant/accused shall furnish the proofs of his photo
identity and permanent and local residential addresses as well as
telephonic contact details to the Investigating Officer and before the
Court.
4.

The applicant/accused shall attend Shivaji Nagar Police Station
on every Tuesday between 10.00 a.m. and 2.00 p.m. until the
conclusion of the trial and as and when required by the Investigating
Officer for investigation and shall co-operate with the Investigating
Officer in completion of the investigation until further orders.
5.

The applicant/accused shall not hamper, tamper or intimidate
the informant, panchas or any witnesses of the prosecution, so as to
dissuade them from disclosing the facts of the crime before the
Investigating Officer or in any inquiry or trial.

BA.No.947/2024
6.

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NDPS.RA.1333-2024
The applicant/accused shall not indulge in similar or graver
offences while on bail.
7.

The applicant/accused shall surrender his Passport, if any, to the
Investigating Officer.
8.

The applicant/accused shall not leave the jurisdiction of this
Court till completion of the investigation without intimating about his
residential addresses as well as telephonic contact details to the
Investigating Officer.
9.

Failure to comply with any condition shall result in cancellation
of bail.
10.

Copy of this order be communicated to the accused through
Superintendent of the Mumbai Central Prison, Arthur road through
Email or by e-Prison application.
SHASHIKANT
EKNATHRAO
BANGAR
Date : 12.12.2024
Dictated on
Transcribed on
HHJ signed on
Digitally signed
by SHASHIKANT
EKNATHRAO
BANGAR
Date: 2024.12.23
13:08:27 +0530
(S.E. Bangar)
NDPS Special Judge &
Additional Session Judge,
City Civil & Sessions Court,
Gr. Bombay.
: 12.12.2024
: 19.12.2024
: 23.12.2024
BA.No.947/2024
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NDPS.RA.1333-2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23.12.2024/1.08 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER (Grade-1)
Name of the Judge (With Court room no.)

Shri S.E. Bangar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 12.12.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
23.12.2024
JUDGMENT/ORDER uploaded on
23.12.2024