NDPS BA No.782/2023
..1..

in NDPS RA No.1024/2023
MHCC020136412023
Presented on
: 05-09-2023
Registered on : 05-09-2023
Decided on
: 27-10-2023
Duration
: 01 M, 22 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.782 OF 2023
IN
NDPS REMAND APPLICATION NO. 1024 OF 2023
Mr. Nishikant Devnarayan Dhardwivedi
Aged : 34 years, Occ: R/at : Vighnaharta CHS, Building No.33,
C-Wing, Room No.204, Chandivali Farm
Road, Sangharsh Nagar, Mumbai.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of ANC Azad Maidan )
Unit, Mumbai, vide C.R. No.69/2023). ) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Ramesh Mishra, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.782/2023
..1..

in NDPS RA No.1024/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 27/10/2023
ORAL ORDER
This is an application taken out by applicant/accused Mr.
Nishikant Devnarayan Dhardwivedi under section 439 of Code of
Criminal Procedure for enlarging him on bail in C.R. No.69/2023
registered at ANC Azad Maidan, Mumbai for the offences punishable
under section 8(c) r/w section 21(c) section 22(c) and section 29 of
Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter
referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP 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 and
no other bail application of the applicant/accused is pending in any
higher Court in respect of the above C.R. No.69/2023. Learned
Advocate for applicant/accused argued that, as per the prosecution
case, 4200 bottles of Codeine Phosphate & Chlorpheniramine Maleate
syrup of 100 ml and 900 tablets of Nitrazepam Tablets IP Nitravet-10
were recovered from the co-accused No.1 Umar Nadeem Mohamed
Madni Siddiqui and the co-accused No.1 disclosed that, said Codeine
Phosphate was supplied to him by co-accused Nos.4 and 5 and
Nitrazepam Tablets IP Nitravet-10 were supplied by the present
NDPS BA No.782/2023
..1..

in NDPS RA No.1024/2023
applicant/accused. Therefore, on the basis of the statement of the coaccused the applicant/accused was arrested and the offence punishable
under section 8(c) r/w section 21(c) section 22(c) and section 29 of the
NDPS Act is registered against the applicant/accused. The contraband
alleged to be supplied by the applicant/accused is of intermediate
quantity. Therefore, rigours of section 37 of the NDPS Act is not
applicable. There is no positive evidence/material on record which
indicates nexus between the applicant/accused and the co-accused. The
applicant/accused is resident of Mumbai and he is ready to abide all
terms and 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, commercial
quantity of contraband was recovered from the co-accused No.1. During
investigation co-accused No.1 disclosed that, the Nitrazepam Tablets IP
Nitravet-10 which is psychotropic substance was procured by him from
the applicant/accused. The co-accused No.2 had identified the
applicant/accused and 375 tablets of Alprazolam were also recovered
from the possession of the applicant/accused. Investigation reveals that,
applicant/accused is a drug peddler. Applicant/accused disclosed that,
wanted accused had supplied the contraband recovered from him. CA
report is positive. Applicant/accused is having nexus with the coaccused Nos.1 and 2 and the wanted accused. Investigation is pending.
There is positive material which indicates nexus between the
applicant/accused and the wanted accused and the co-accused No.1.
The applicant/accused is drug peddler and if the applicant/accused is
released on bail at this stage, then investigation may be hampered.
Therefore, Ld. APP submitted that application be rejected.

NDPS BA No.782/2023
5.

From
..1..

the
matter
on
in NDPS RA No.1024/2023
record,
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(c) section 22(c) and section 29 of
NDPS Act, 1985. The punishment provided for the offence may extend
upto 20 years imprisonment and also fine which may extend upto One
Lakh rupees. The quantity of contraband recovered from the co-accused
is a commercial quantity. From prima facie appreciation of material on
record, it reveals that, the applicant/accused is a drug peddler and
involved in the sale of the contraband. The statement of co-accused is
admissible for the purpose of investigation. Alprazolam tablets are also
alleged to be recovered from applicant/accused. Considering the matter
on record prima facie there appear no substance in the contention of
the applicant/accused that, there is no positive material on record to
show that, applicant/accused and co-accused No.1 and wanted accused
has no any nexus and they have not hatched any conspiracy.
6.

Admittedly, till date investigation in respect of the
applicant/accused is not completed. There is no material on record so
as to doubt genuineness of the prosecution case.

Considering the
nature
release
of
offence
the
possibility
that,
after
of
the
applicant/accused, the applicant/accused may tamper the prosecution
witnesses or influence the witnesses or may involve in commission of
such offences cannot be ruled out at this stage. Moreover, considering
the quantity of the contraband seized and the facts of the case free, fair
and full investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. The quantity recovered in the crime is commercial
quantity. Therefore, rigours of section 37 of NDPS Act are applicable.

NDPS BA No.782/2023
..1..

in NDPS RA No.1024/2023
Therefore, at this stage there appear necessity for the further detention
of the applicant/accused for facilitating further investigation.
7.

Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.
ORDER
1.

NDPS Bail Application No.782/2023 of applicant/accused
NDPS BA No.782/2023
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in NDPS RA No.1024/2023
Nishikant Devnarayan Dhardwivedi in C.R. No.69/2023 in NDPS
RA No.1024/2023, is rejected.
2.

NDPS Bail Application No.782/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.10.30
16:09:46 +0530
Date : 27/10/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
27/10/2023
Transcribed on
:
27/10/2023
Checked on
:
27/10/2023
Signed on
:
30/10/2023
NDPS BA No.782/2023
..1..

in NDPS RA No.1024/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
30.10.2023
TIME
NAME OF STENOGRAPHER
04.00 p.m.

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

27/10/2023
Judgment/order signed by P.O
on
30/10/2023
Judgment/order uploaded on
30/10/2023