Cri. BA No.1086/2024
..1..

in Spl. LAC/C.R. No.87/2024
MHCC020067372024
Presented on
: 25-04-2024
Registered on : 25-04-2024
Decided on
: 03-05-2024
Duration
: 08 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1086 OF 2024
IN
SPECIAL LAC/C.R. NO.87 OF 2024
Sajid Yusuf Khan
Aged : 21 years, Occ: R/at : Sandesh Nagar Near Kalla Killa
Sai Samiti Mitr Mandal Bail Bazar Kurla
(West), Mumbai 400 070.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of V.B. Nagar police
station Mumbai, vide Spl. LAC/C.R.
No.87/2024).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Sonawane, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

Cri. BA No.1086/2024
..2..

in Spl. LAC/C.R. No.87/2024
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 03/05/2024
ORAL ORDER
This is an application taken out by applicant/accused Sajid
Yusuf Khan under section 439 of Code of Criminal Procedure for
enlarging him on bail in Spl. LAC/C.R. No.87/2024 registered at V.B.
Nagar police station, Mumbai for the offences punishable under section
8(c) r/w section 20(a) 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,
first bail application taken out by the applicant/accused is rejected by
trial court. No other bail application taken out by the applicant/accused
in respect of the present crime is pending in Hon’ble High Court or
rejected by any superior court. Learned Advocate for applicant/accused
argued that, on 18/03/2024 during patrolling applicant/accused was
found in suspicious condition and during his search 565 gram Ganja is
alleged to be recovered from the possession of the applicant/accused.
Therefore, offence punishable under section 8(c) r/w section 20(a) of
NDPS Act, 1985 was registered against the applicant/accused. The
quantity of contraband alleged to be recovered from the possession of
the applicant/accused is small quantity. Applicant/accused is in custody
Cri. BA No.1086/2024
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in Spl. LAC/C.R. No.87/2024
since 18/03/2024. Nothing needs to be recovered from him now.
Applicant/accused is permanent resident of Mumbai and no criminal
antecedents are attributed to him. Applicant/accused is ready to abide
by all conditions which the court may impose. Therefore, Ld. Advocate
for applicant/accused prayed that application be allowed.
4.

On the other hand, Ld. APP argued that, the offence alleged
is of serious nature. The applicant/accused may continue to commit
such offence if he is released on bail. 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 20(a) of NDPS Act, 1985.

The punishment
provided for the above offence may extend upto one year and with fine
which may extend to Rs. 10,000/- only. Admittedly, the quantity of
contraband alleged to be recovered from applicant/accused is small
quantity. As such the rigour of section 37 of NDPS Act is not applicable
in present matter. It is also not the case of the prosecution that,
applicant/accused is dealing in the trade of Narcotic Drugs or
Psychotropic substance. Only one criminal antecedents are attributed to
the applicant. From the material on record applicant/accused appears
to be permanent resident of Mumbai. Moreover, it appears that,
applicant/accused is in custody since 18/03/2024 and now nothing is
to be recovered from the applicant/accused. As such from the material
on
record
it
appears
that,
investigation
in
respect
of
the
applicant/accused is almost completed. Considering the fact that,
applicant/accused is not attributed any conviction and status of the
Cri. BA No.1086/2024
..4..

in Spl. LAC/C.R. No.87/2024
applicant/accused prime facie there appear no possibility that
applicant/accused may recommit such offence if released on bail.
6.

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.

Criminal Bail Application No.1086/2024 of applicant/accused
Sajid Yusuf Khan in Spl. LAC/C.R. No.87/2024, is allowed.

Cri. BA No.1086/2024
2.

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in Spl. LAC/C.R. No.87/2024
Applicant/accused Sajid Yusuf Khan, be released on bail in Spl.
LAC/C.R. No.87/2024 under section 8(c) r/w 20(a) of NDPS
Act, 1985 registered by V.B. Nagar police station on executing
personal bond of Rs.50,000/- only (Rs. Fifty thousand only) with
one or more sureties 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.

Bail be furnished before Ld. trial Court.

4.

Bail Application No.1086/2024 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASHRAO
KIRAN
PRAKASHRAO KSHIRSAGAR
KSHIRSAGAR Date:
2024.05.04
11:56:20 +0530
Date : 03/05/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
03/05/2024
Transcribed on
:
03/05/2024
Checked on
:
03/05/2024
Signed on
:
03/05/2024
Cri. BA No.1086/2024
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in Spl. LAC/C.R. No.87/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
04.05.2024
TIME
NAME OF STENOGRAPHER
11.53 a.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.

03.05.2024
Judgment/order signed by P.O on
03.05.2024
Judgment/order uploaded on
04.05.2024