NDPS BA No.705/2023
..1..

in NDPS RA No.969/2023
MHCC020123372023
Presented on
: 17-08-2023
Registered on : 17-08-2023
Decided on
: 06-09-2023
Duration
: 20 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.705 OF 2023
IN
NDPS REMAND APPLICATION NO.969 OF 2023
Muzzafar Babu Iqbal Shaikh
Age : 24 years, Occ: Labour
R/at : Room No.265, D Sector, Line N,
Dosti Hotel near, Chita Camp, Trombay,
Mumbai-400 088.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Deonar police station
Mumbai,
vide
Spl.
LAC/C.R.
No.301/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Afreen Khan, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 06/09/2023
NDPS BA No.705/2023
..2..

in NDPS RA No.969/2023
ORAL ORDER
This is an application taken out by applicant/accused
Muzzafar Babu Iqbal Shaikh under section 439 of Code of Criminal
Procedure for enlarging him on bail in Spl. LAC/C.R. No.301/2023
registered at Deonar police station, Mumbai for the offences punishable
under section 8(c) r/w section 22 of Narcotic Drug and Psychotropic
Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, reply of
the prosecution and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 01/08/2023, 6 gram Mephedrone (MD) was
recovered from the possession of the applicant/accused. Therefore,
offence punishable under section 8(c) r/w section 22 of NDPS Act, 1985
was registered against the applicant/accused. The quantity of
contraband recovered from the applicant/accused in the present crime
is intermediate quantity. Therefore, rigours of section 37 of NDPS Act
are not attracted. The applicant/accused is a young boy aged about 24
years. Applicant/accused is permanent resident of Mumbai and no
criminal antecedents are attributed to him. The applicant/accused is in
custody since 01/08/2023. Provision of section 50 of the NDPS Act are
also not complied in the present matter. The applicant/accused is falsely
NDPS BA No.705/2023
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in NDPS RA No.969/2023
implicated. Applicant/accused is ready to abide by all conditions which
the
court
may
impose.

Therefore,
Ld.

Advocate
for
the
applicant/accused prayed that, applicant/accused be released on bail.
4.

On the other hand, Ld. APP argued that, the offence alleged
is of serious nature. In the investigation it revealed that, he had
procured the contraband from the wanted accused Rafiq. The
applicant/accused may continue to commit such offence if he is released
on bail. The investigation is yet not completed. Therefore, Ld. APP
submitted that, bail application be rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22 of NDPS Act, 1985. The punishment
provided for the above offence may extend to 10 years and with fine
which may extend to Rs. One lakh only. Admittedly, the quantity of
contraband alleged to be recovered from the applicant/accused is noncommercial quantity and it is intermediate quantity. As such the rigour
of section 37 of NDPS Act is not applicable in present matter. Moreover,
it appears that, applicant/accused is in custody since 01/08/2023 and
now nothing is to be recovered from him now. No criminal antecedents
are attributed to the applicant/accused. As such from the material on
record it appears that, investigation in respect of the applicant/accused
is almost completed. Mere fact that, wanted accused is not arrested is
not a ground for denial of the bail. From the reply of the application
there appear no any just ground which necessitates further detention of
the applicant/accused.

NDPS BA No.705/2023
6.

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in NDPS RA No.969/2023
Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large. Therefore, there appear justifiable grounds for releasing
the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS Bail Application No.705/2023 in NDPS RA No.969/2023,
is allowed.

2.

Applicant/accused Muzzafar Babu Iqbal Shaikh, be released on
bail in Spl. LAC/C.R. No.301/2023 for offence under section 8(c)
r/w section 22 of NDPS Act, 1985 registered by Deonar police
NDPS BA No.705/2023
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in NDPS RA No.969/2023
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
thousand only) with one surety in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide there respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.705/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 06/09/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.09.11
12:33:41 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
06/09/2023
Transcribed on
:
06/09/2023
Checked on
:
08/09/2023
Signed on
:
08/09/2023
NDPS BA No.705/2023
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in NDPS RA No.969/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
11.09.2023
TIME
NAME OF STENOGRAPHER
12.30 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

06/09/2023
Judgment/order signed by P.O
on
08/09/2023
Judgment/order uploaded on
11/09/2023