BA.No.979/2023
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NDPS.RA.No.1354/2023
MHCC020165632023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO. 979 OF 2023
IN
NDPS REMAND APPLICATION NO.1354 OF 2022
Musanna Nasir Bawazir
Age 43 years, Occ.- -R/at- Room No. 83, 10th Floor,
Patel House Building, Bawa Galli,
Near Charnal Chowki,
Mumbai – 400 009.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of N. M. Joshi Marg
Police Station, vide C.R.No.624 of 2023,
a/w. C. R. No. 82 of 2023 of
DCB, CID Unit III.)

.. Respondent.

Advocate Mr. Ayaz Khan 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)
DATE
: 13th December, 2023.

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NDPS.RA.No.1354/2023
ORDER
1.

This is an application for bail by applicant/accused Musanna
Nasir Bawazir who has been arrested by N. M. Joshi Marg Police
Station in C.R.No. 624 of 2023 a/w. C. R. No. 82 of 2023 of DCB, CID
Unit III, for the offence punishable under Section 8(c) read with
Section 22(c) of the Narcotic Drugs and Psychotropic Substance Act,
1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is as follows On 15.10.2023 during the course of patrolling duty, officers of
the Crime Branch, Unit III apprehended the accused No. 1 Kasim
Shivani He was searched by following the mandatory provisions of the
NDPS Act. The search resulted in the recovery of 1 Kg 05 Grams of MD.
During his custodial interrogation he disclosed the name of the
applicant and another accused Salman. On the basis of the disclosure
made by the accused No. 1 Kasim, the police arrested the applicant.
Nothing was found during his personal search and search of his house.
3.

The bail has been sought inter alia on the ground that
apart from the statement of co-accused, there is no material available
to show that the accused No. 1 Kasim had hatched the conspiracy to
the applicant or there was any independent evidence against the
applicant. Hence the applicant cannot be kept behind bar. To support
his contention he had relied on the ruling of the Bombay High Court in
the case of Ranjan Shaam Mawar V/s. The State of Maharashtra in Bail
application No. 3880 of 2021 and in the case of Farida Nasim Shaikh @
Aapa V/s. The State of Maharashtra in Bail application No. 3018 of
2021.

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4.

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NDPS.RA.No.1354/2023
The APP for state has resisted the bail application inter alia
on the ground that there is substantial recovery of contraband. The
matter is at nascent stage of investigation. The investigating officer has
collected sufficient material in the form of CDR and the statement of
witnesses which would show that the applicant was indulging in trade
in Narcotic. Moreover, there were antecedents against the applicant.
5.

The investigating officer is present in the court alongwith
the case diary. He has pointed out that there are several phone calls
exchange between the applicant and the accused No. 1. These phone
calls shows that they were in contact with each other repeatedly. He
has also pointed out the statement of the witnesses recorded by him,
which would show that the applicant and accused No.1 were supplying
Narcotic substance in the area.
6.

The Counsel for the accused relying on the case of Ranjan
Shaam Mawar V/s. The State of Maharashtra in Bail application No.
3880 of 2021 and in the case of Farida Nasim Shaikh @ Aapa V/s. The
State of Maharashtra in Bail application No. 3018 of 2021 and
submitted that in both the cases above, there was no recovery of
contraband from the applicant and the recovery of commercial quantity
of contraband was from the co-accused. Even in that case there were
several phone calls and yet the bail was granted on the ground that the
accused could not be kept behind bar only on the statement of the coaccused. He has also placed on record orders in Bail application No.
191 of 2014 and in Bail application no. 207/2015 , which show that
the accused was released on bail for offences punishable under the
NDPS Act.

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7.

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NDPS.RA.No.1354/2023
The case diary shows that apart from the phone calls there
are statements of independent witnesses, which would show that the
accused was supplying contraband. In such case the facts of the present
case are different from the facts in the rulings cited. Secondly, the
accused has not been acquitted in the previous cases. He has only been
released on bail. The APP has submitted that despite being released on
bail, the applicant has committed breach of bail condition by indulging
in a trade of narcotic. Considering the circumstances above and that
the seized quantity of contraband is very high, the investigating officer
must have sufficient opportunity to carry out the investigation. The
investigation is at a nascent stage. No ground is made out for releasing
the accused on bail. Hence, following order is passed –
ORDER
1.

Bail Application No. 979 of 2023 stands rejected.

2.

Bail Application No.979 of 2023 in NDPS Remand Application
No.1354 of 2023 is disposed off.

Date : 13.12.2023
Dictated on
Transcribed on
HHJ signed on
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.
: 13.12.2023
: 13.12.2023
: 13.12.2023
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NDPS.RA.No.1354/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.12.2023
5.55 p.m.

UPLOAD DATE AND TIME
(Samruddhi Jadhav)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 13.12.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
13.12.2023
JUDGMENT/ORDER uploaded on
15.12.2023