Cri.BA.No.615/2024
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MHCC020040142024
Presented on
Registered on
Decided on
Duration
: 07-03-2024
: 07-03-2024
: 03-04-2024
: 0 years, 0 months, 27 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.615 OF 2024
Noor Mohammad Ibrahim Sumeri
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Dongri Police
Station, vide CR.No.94 of 2024.)

.. Respondent.

Advocate Ms. Sumaiya Qureshi 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 : 03rd April, 2024.
ORDER
1.

This is an application for bail by applicant/accused Noor
Mohammad Ibrahim Sumeri who has been arrested by Dongri Police
Station in CR.No.94 of 2024, for the offence punishable under Section
8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985, (for short, ‘NDPS Act’).

Cri.BA.No.615/2024
2.

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The case of the prosecution is that on 19.02.2024 during the
routine course of patrolling the police party saw the applicant. He was
standing near Taqqwal Bakery, Dongri, Mumbai, when the police
approached him he started to run away. He was stopped and searched.
The search resulted in recovery of 10 grams of MD and he has been
prosecuted for violation of the NDPS Act.
3.

The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Criminal Bail Application No.615 of 2024 is hereby allowed.

2.

Applicant/Accused Noor Mohammad Ibrahim Sumeri, being
accused in CR.No.94 of 2024, registered with Dongri Police Station, for
the offence punishable under Section 8(c) read with Section 21(b) of
the Narcotic Drugs and Psychotropic Substances Act, 1985, be released
on furnishing solvent surety and P.R. bond of Rs.50,000/- (Rupees Fifty
Thousand Only).

Cri.BA.No.615/2024
3.

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The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.
4.

The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with Dongri Police Station, on every Wednesday
and Friday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Criminal Bail Application No.615 of 2024 is disposed off.

Date : 03.04.2024
Dictated on
: 03.04.2024
Transcribed on : 05.04.2024
HHJ signed on : 05.04.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

Cri.BA.No.615/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.04.2024/ 5.22 p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 03.04.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
05.04.2024
JUDGMENT/ORDER uploaded on
05.04.2024