BA 830/2023
1
Presented on
Registered on
Decided on
Duration
: 20.09.2023
: 20.09.2023
: 09.10.2023
: 19 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 830 OF 2023
IN
C. R. No. 444/2023
Parvez Akthar Mohd. Shafique Shaikh
Age : 32 years,
R/o : Room No.95/62,
Kassam Compound,
Mahim Phatak Road,
Nr. Kerala Hotel, Dharavi,
Mumbai – 400 017.

… Applicant
V/s.
State of Maharashtra
(Vikhroli Police Station
C.R. No.444/2023)
… Respondent
Appearance :Mr. Deepak Kumar Giri, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
09.10.2023
ORDER
This is an application filed by applicant – Parvez Akthar
Mohd. Shafique Shaikh for grant of bail under Section 439 of Code of
Criminal Procedure, 1860, who was arrested on 12.09.2023 in C.R. No.
444/2023 registered at Vikhroli Police Station for offence punishable
under sections 8(c) r/w 20(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.

BA 830/2023
2.

2
Heard learned Counsel Mr.

Deepak Kumar Giri for the
applicant and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

On 12.09.2023, informant Rajendra Patil HC attached to
Vikhroli Police Station along with other police staff were on patrolling
duty.

When they came to pedestrial bridge, Eastern Express way,
Mumbai Thane Vahini, adjoucent to the wall on service road, Vikhroli,
East at 20.30 hrs., they noticed the applicant
with a white colour
plastic bag in his hand and he was hiding his existance in the dark.
When he was enquired about the contents in the bag, he gave evasive
answers. Hence panchas were called to the spot. He was apprised with
his right under section 50 of the NDPS Act. Letter u/s. 50 of the NDPS
Act was also served upon him. Then, ASI Tambe conducted personal
search of the applicant as directed by PI More. During search, applicant
was found in possession of 18 gms. MD kept in plastic bag, which came
to be seized under panchanama. The applicant came to be arrested
after registration of FIR.
4.

The applicant is seeking bail on the grounds that the
applicant is innocent and he has been falsely implicated in this case.
Contraband 18 gms. MD has been recovered from the applicant, which
falls under non-commercial quantity. The applicant is having no
criminal antecedents.

The applicant is sole earning member of the
family and if he is kept behind bars, his family would starve.

The
applicant is ready to co-operate with investigating amchinery and
willing to abide by all conditions imposed by this Court. He prayed for
bail.
5.

Ld. Adv. Mr. Deepak Kumar Giri for the applicant submitted
BA 830/2023
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that as 18 gms. of MD has been recovered from the applicant, it is
intermediate quantity of contraband. Bar u/s.37 of the NDPS Act is not
attracted. The applicant is permanent resident of Mumbai and he is
ready to abide by all conditions imposed by this Court. He does not
have criminal antecedents. Hence, he prayed for granting bail to the
applicant.
6.

Ld. APP Shankar Erande for the State submitted that this is
case of patrolling. The applicant was found in suspicious condition.
Present applicant is arrested and 18 gms. MD is recovered from him by
following sec. 50 of the NDPS Act. Offence is serious. Source of the
contraband is not known. If the accused is granted bail, he may turn
absconding. He prayed for rejection of the bail application.
7.

On perusal of the record, it appears that non-commercial
quantity of contraband is recovered. Bar under section 37 of the NDPS
Act is not attracted. The applicant does not have criminal antecedents.
The applicant is resident of Mumbai. Presence of the applicant can be
secured. Stringent conditions can be imposed while releasing the
applicant on bail in order to serve purpose of remaining investigation.
For all these reasons, the applicant is entitled to bail. Hence, I pass the
following order.
ORDER
1. Bail Application No. 830/2023 is hereby allowed.
2. Applicant/accusedParvez Akthar Mohd. Shafique Shaikh in C.R. No.
444/2023 of Vikhroli Police Station registered under section 8(c) r/w
22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 shall
be released on his executing P. R. Bond of Rs. 40,000/- (Rs. Forty
Thousand only) with one or more sureties in the like amount on
following conditions :(i)
The applicant shall attend Vikhroli Police Station on every
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Monday during 10.00 a.m. to 2.00 p.m. till filing of the chargesheet from the date of this order for investigation purpose of the
present crime.
(ii)
The applicant/accused and his sureties shall provide their
respective mobile numbers and correct addresses of their
residences alongwith names of two relatives with their mobile
numbers and addresses.

(iii)
The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the Bail Bonds.

(iv)
The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence while on
bail.

3. 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.
4.

Application is disposed off accordingly.

Date : 09.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
Dictated on
: 09.10.2023
Transcribed on : 09.10.2023
Signed on
: 09.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME
NAME OF STENOGRAPHER
10.10.2023
Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
Judgment/Order.

09.10.2023
BA 830/2023
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Judgment/order signed by P.O on
Judgment/order uploaded on
09.10.2023
10.10.2023