BA 838/2023
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MHCC020143242023
Presented on
Registered on
Decided on
Duration
: 21.09.2023
: 21.09.2023
: 20.10.2023
: 1 month
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 838 OF 2023
IN
C. R. No. 320/2023
Shadab Shaheed Shaikh
Age : 26 years, Occu. : Rickshaw Driver,
R/at : R. No.91, 2/1, Main Road,
Behind Mahim Bus Depot,
Mahim, Mumbai – 400 016
… Applicant
V/s.
State of Maharashtra
(Meghwadi Police Station)
… Respondent
Appearance :Mr. Himanshu Shinde, 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 :
20.10.2023
ORDER
This is an application filed by applicant – Shadab Shaheed
Shaikh for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested by the officers of respondent on
13.09.2023 in C.R. No. 320/2023 registered at Meghwadi Police
Station, Mumbai for offence punishable under sections 8(c) r/w sec.

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22 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.
2.

Heard learned Counsel Mr. Himanshu Shinde for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 13.09.2023 at about
14.50 p.m., PC informant Pravin Saidane attached to Meghwadi Police
Station along with PSI Gusinghe and PC Mr. Patil left for patrolling
duty within jurisdiction of Meghwadi Police Station.

When they
reached near Kenorita Mall, Gandhinagar, Jogeshwari (W), Mumbai,
they saw one unknown person moving suspiciously holding black colour
plastic bag in his hand.

Hence, he was apprehended. During enquiry
with him, he stated that he is having narcotic drug MD. Panchas were
called and after completing necessary procedure, his search was
conducted wherein he was found in possession of 15 gms. of MD. Said
contraband came to be seized under panchanama and accused came to
be arrested after registration of the offence.
4.

The applicant is seeking bail on the grounds that he has
been falsely implicated on the basis of false information and bogus
information and denied to have committed any act or offence as alleged
by the prosecution. The entire raid shown to be carried out is illegal and
bad in law as it is in clear violation of the mandatory legal provisions of
the NDPS Act. The contraband allegedly recovered from the present
applicant is of non-commercial quantity. Hence, bar u/sec. 37 of NDPS
Act is not attracted. Investigation has been completed. The applicant
has no criminal antecedents. The applicant is only bread earner of his
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family and therefore, his further custody will cause much hardship to
his family members. The applicant is permanent resident of Mumbai.
The applicant is ready and willing to abide by all conditions imposed by
this Court. He prayed for bail.
5.

Ld. Adv. Mr. Himanshu Shinde for the applicant submitted
that the applicant/accused has been arrested on 13.09.2023. The
contraband allegedly recovered is chance recovery because it is
recovered during patrolling. 15 gms. of MD has been recovered from
the applicant and it is intermediate quantity of contraband. Hence, bar
u/sec. 37 of the NDPS Act does not attract. Sec. 50 of the NDPS Act is
not complied with.

Recovery is vitiated and it will not support to
prosecution during trial. The applicant has no criminal antecedents.
The applicant is permanent resident of Mumbai. The applicant is ready
to abide by all conditions imposed by this Court. Hence, he prayed for
granting bail to the applicant.
6.

Ld. APP Shankar Erande for the State submitted that while
performing patrolling duty, the applicant was found in possession of 15
gms. of MD. It is chance recovery. Recovery of contraband is made
from the black plastic bag in the hand of the accused. Hence Sec. 50 of
the NDPS Act is not attracted. All provisions under NDPS Act have
been followed. Though contraband recovered from the applicant falls
under non-commercial quantity, offence is serious in nature. He prayed
for rejection of the bail application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered from the applicant. Bar under
section 37 of the NDPS Act is not attracted. Recovery of contraband is
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made from the bag possessed by the accused in his hand. Hence, Sec.
50 is not attracted. The applicant has no criminal antecedents. The
applicant is resident of Mumbai. Presence of the applicant can be
secured for investigation as well as trial purpose. 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. 838/2023 is hereby allowed.
2. Applicant/accused Shadab Shaheed Shaikh in C.R. No. 320/2023 of
Meghwadi Police Station, Mumbai registered under section 8(c) r/w 22
of the Narcotic Drugs and Psychotropic Substances Act, 1985 shall be
released on his executing P. R. Bond of Rs. 40,000/- (Rs. Forty Thousand
only) with one or two sureties in the like amount.
3. The applicant/accused to attend Meghwadi Police Station on every
Monday between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet.
4. The applicant/accused and his sureties shall provide their respective
mobile numbers and correct addresses of their respective residences
along with names of two relatives with their mobile numbers and
addresses.
5. The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. The applicant/accused shall not commit similar offence while on
bail.
8. 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.

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9. Bail application no. 838/2023 is disposed off accordingly.

Date : 20.10.2023
Dictated on
Transcribed on
Checked on
Signed on
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
: 20.10.2023
: 20.10.2023
: 22.10.2023
: 23.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
23.10.2023
TIME
NAME OF STENOGRAPHER
04.05 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
20.10.2023
23.10.2023
23.10.2023