NDPS Cri. BA 1056/2023
1
MHCC020182122023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
N.D.P.S. CRIMINAL BAIL APPLICATION NO. 1056 OF 2023
IN
N.D.P.S. REMAND APPLICATION No. 1496/2023
Mubarak Tejarat Shaikh
Age: 19 years, Occ.: Student,
R/at:- Room No.19,
Sundar Galli, Opp. Mela Hotel,
Chandramani Budhvihar Marg,
14th Lane, Kamatipura,
Nagpada, Mumbai- 400 008.
V/s.
State of Maharashtra
(Trough D. B. Marg Police Station,
vide C.R. No.76 of 2023)
… Applicant/accused
… Respondent/
Complainant.

Appearance :Mr. Sherali Khan, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
18.12.2023
ORDER
This is an application filed by applicant – Mubarak Tejarat
Shaikh for grant of bail under Section 439 of Code of Criminal
Procedure,1860, who was arrested on 30.11.2023 vide C.R. No.76 of
2023, registered with D. B. Marg Police Station for offence punishable
NDPS Cri. BA 1056/2023
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under sections 8(c) r/w 22(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (For short, “the NDPS Act”). Perused bail
application and say filed by the Investigating Officer through learned
A.P.P.
2.

Heard learned Counsel Mr. Sherali Khan for the applicant and
learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 30.11.2023, at about
11.30 hours, PSI Sanjay Gavkar had received specific secret information
regarding arrival of the accused/applicant for sell of Narcotics Drugs
near Jamuna Mension, Khetwadi, 14 th Galli, Reliance Hospital Gate
No.07 opposite Galli, Girgaon, Mumbai on 30.11.2023. Accordingly,
information was written down. Two panchas were called. Raiding
material was collected. After completing initial procedure of pre-trap
panchanama, trap was laid at the said spot. The accused came to the
spot at 14.05 hours. The applicant was apprehended. He was apprised
with his rights under section 50 of the NDPS Act and his search was
conducted. He was found in possession of one transparent self locking
plastic pouch containing 25 grams MD, which was kept in his right pant
pocket. He had 24 empty transparent self locking plastic pouches in his
left pant pocket. Similarly, cash of Rs.500/- and one mobile having
model No.IQ00 Z6 Pro, were seized from him. Motorcycle Access-125
having registration no.MH05- DJ-3859 was also seized for investigation
purpose. Then, offence was registered and the accused was placed
under arrest.
4.

The applicant is seeking bail on the grounds that he is
innocent and he has been falsely implicated in the present crime and
there is recovery of 25 grams MD. It is non commercial quantity of
NDPS Cri. BA 1056/2023
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contraband. Bar under section 37 of the NDPS Act is not attracted.
Provisions of the NDPS Act are not complied with. As the applicant is a
college going student and he is suffering from Tuberculosis (TB) and
undergoing medical treatment, jail custody would make his ailments
worse. The applicant is resident of Mumbai. He is ready to co-operate
with police in further investigation and he will not tamper evidence. He
has clean record to his credit and keeping him with hardened criminal
in jail will spoil his life. Hence, he prayed for releasing him on bail.
5.

Ld. Adv. Mr. Sherali Khan for the applicant submitted that
the applicant is arrested on 30.11.2023. 25 grams MD is recovered. It is
non commercial quantity. He has no criminal antecedents to his
discredit. He is college going student. He prayed for releasing the
applicant on bail.
6.

On the contrary, Ld. APP Mr. Shankar Erande for the State
submitted that this is case of secret information received in advance.
The applicant is found in possession of 25 grams MD and 24 empty
pouches. He had come to sell Narcotic Drugs. Offence is serious.
Remaining accused is not arrested. Investigation is at initial stage. If, the
applicant is released on bail, the second accused could not be arrested.
He prayed for rejection of the bail application.
7.

Considering rival submissions and material on record, it
appears that recovery of contraband is made at the instance of present
applicant/accused is 25 gms. MD. Said contraband falls under
intermediate quantity of contraband. Bar u/sec. 37 of the NDPS Act is
not attracted. The applicant is resident of Mumbai. He has no criminal
antecedents. As investigation is in progress, the applicant can be
directed to attend the police station and he can be released on bail by
NDPS Cri. BA 1056/2023
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imposing stringent conditions. Hence, I pass following order :ORDER
1. Bail Application No. 1056/2023 is hereby allowed.
2. Applicant/accused Mubarak Tejarat Shaikh in C. R. No.76/2023 of D.
B. Marg Police Station registered under section 8(c) r/w 22(b) of the
Narcotic Drugs and Psychotropic Substances Act,1985 shall be released
on his executing P. R. Bond of Rs.40,000/- (Rs. Forty Thousand only)
with one or two sureties in the like amount.
3. The applicant/accused to attend D. B. Marg Police Station on every
Monday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile Nos. and correct addresses of their respective residences
along with names of two relatives with their mobile Nos. and addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6.The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. On request of Ld. Advocate for the applicant/accused, the
applicant/accused shall be released on provisional cash bail of
Rs.40,000/- for the next four weeks from the date of this order.
9. Application is disposed off accordingly.

Date : 18.12.2023
Dictated on
: 18.12.2023
Transcribed on : 18.12.2023
Signed on
: 18.12.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
NDPS Cri. BA 1056/2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
19/12/2023
TIME
NAME OF STENOGRAPHER
12.40 p.m.

Mr. Ashok Sudhakar Patil
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
18.12.2023
Judgment/order uploaded on
19.12.2023
18.12.2023