NDPS RA 920/2018
1
BA 724/2018
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
BAIL APPLICATION NO. 724 OF 2018
IN
NDPS REMAND APPLICATION NO. 920 OF 2018
Rashid Shahid Ahmad Shaikh
Age 66 years, Occ.: Nil,
R/A New Guatam Nagar, Part – 2,
Sonapur Road, Govandi,
Mumbai – 43.
… Applicant
/ Accused
Vs.
The State of Maharashtra
Through Deonar Police Station.
… Respondent.
Appearance:
Ld. Advocate Mr. S. R. Patil for the applicant/ accused.
Ld. APP Mr. Panjwani for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 22nd OCTOBER, 2018.
ORAL ORDER
This is an application for bail filed by applicant/ accused
Rashid Shahid Ahmad Shaikh on account of his arrest by the officers of
the Deonar Police Station for commission of offences punishable u/s.
8(c) r/w 20(b) of NDPS Act, 1985.
2.
The
prosecution
case
in
nutshell
reveals
that
on
19/09/2018 the team of Deonar Police Station, was on patrolling duty
and at the given spot accused was found loitering there in a suspicious
NDPS RA 920/2018
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BA 724/2018
circumstance and therefore, immediately two panch witnesses were
called and the black bag possessed by him was checked and was found
containing 2 Kg 600 gm of ganja. Thereafter, the applicant/accused
was placed under arrest for violation of provision of NDPS Act,1985 as
above. After cessation of his police custody, presently he is in judicial
custody.
3.
The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. It is specifically contended that the
alleged quantity of ganja seized from the possession of the present
applicant comes under the category of noncommercial quantity and
therefore, the bar of Section 37 of the NDPS Act does not get attracted.
It is further contended that there is criminal antecedent but in none of
the case he has been convicted yet and therefore, hedesserves to be
released on bail. It is further contended that the applicant/accused is
suffering from heart disease. So also the applicant/accused is
permanent resident of Mumbai and having deep roots in the society.
He is ready to abide by the conditions imposed by this Court, while
releasing him on the bail. Investigation is almost completed. On these
grounds it is prayed that applicant/accused be enlarged on bail.
4.
The respondent/State contested the petition by filing reply
dated 16/10/2018 as well as on the application itself.
It is mainly
contended that the contraband has been seized from the possession of
the accused by strictly following the provision of NDPS Act.
There are
several criminal cases pending against him. It is further contended that
the applicant is selling contraband articles and therefore, if released on
bail he may indulge into similar activity in future. On these grounds it
is prayed that the application be rejected.
NDPS RA 920/2018
5.
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BA 724/2018
Heard Ld. Advocate Mr. S.R. Patil for applicant & the Ld.
APP Mr. Panjwani for the State, at length.
6.
It is submitted by the Ld. Defence Counsel that the quantity
of ganja allegedly seized at the instance of applicant/accused is the
below commercial quantity, as per the details reflected in the remand
papers as well as in the reply and therefore, primarily the bar as
contemplated u/s.37 of the NDPS Act, does not attract. It is further
contended as per the documentary evidence placed on record the
applicant/accused is suffering from heart disease. The applicant/
accused is having permanent place of residence as per true copies of
AADHAR Card & other documents, and therefore, he will not abscond,
if released on bail.
As such he requested to release the applicant on
bail. Per contra the Ld APP Mr. Panjwani objected granting of the
application on the grounds reflected in the reply.
7.
I have carefully gone through submissions of both the sides
and record. It can be gathered from the material placed on record that
the applicant is allegedly found having in his possession 2 Kg 600 gm of
ganja which is above the small quantity but technically it is
intermediate quantity i.e. noncommercial quantity.
Naturally the bar
under section 37 of the NDPS Act does not get attracted.
8.
It is equally a matter of record that since his arrest on
19/09/2018 he is in the custody and by this time the investigation in
the matter might have been almost competed, except the collection of
the CA Report from competent authority. Thereby, there is no likelihood
of tampering with the evidence or otherwise. Now nothing is to be
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BA 724/2018
recovered or discovered on pointing out of the applicant. The
conclusion of the trial in the present case would take sufficient long
time and it is not desirable to keep the applicant behind the bars till
then. Under these circumstances his further detention in the judicial
custody appears to be
unwarranted.
The documentary evidence
suggest that applicant is suffering from heart disease and therefore,
liberal approach needs to be adopted. Applicant has placed on record
verified copy of AADHAR Card and other documents which demonstrate
that he has fixed place of residence and as such there is minimal chance
of his abscondance. It is true that there is record to show that there is
criminal antecedent to the discredit of the applicant. But having regard
to the meager quantity of the seized ganja as well as the sickness of the
applicant, merely on account of the above noted criminal antecedents,
bail application of the present applicant cannot be straight way rejected.
However, stringent conditions can be imposed.
In view of forgoing
discussion, I conclude that application deserves to be allowed and the
interest of prosecution can be secured by imposing following stringent
conditions :
ORDER
1.
Bail
Application
No.
724/2018
in
NDPS
Remand
Application No. 920/2018 is hereby allowed.
2.
The applicant/accused Rashid Shahid Ahmad Shaikh, in
Spl LAC No. 38/2018 registered with Deonar Police Station, be
released on bail on his executing P.R. Bond of Rs.60,000/ (Rs.
Sixty Thousand only), with one or two sureties in the like amount.
3.
The applicant/accused shall not directly or indirectly
dissuade any of the prosecution witnesses from deposing in the
Court or tamper with the prosecution evidence in any way.
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4.
During bail he shall not indulge into any criminal activity.
5.
Bail Application stands disposed off accordingly.
22.10.2018.
(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.
Typed on
: 22.10.2018.
Checked on : 22.10.2018.
Signed on
: 22.10.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
24.10.2018, 12.30 pm.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 22.10.2018.
JUDGMENT/ORDER
P.O. on
by 22.10.2018.
signed
JUDGMENT/ORDER uploaded on
24.10.2018.