IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 724 OF 2022
IN
C. R. NO. 109 OF 2022
Shafiq Mehbood Ansari
Age : 45 yrs.,
R/o : Near Usmaniya Masjid,
Ambujwadi, Malavani,
Malad (W), Mumbai – 400 095.
…Applicant
V/s.
The State of Maharashtra
Malvani Police Station
…Respondent
Appearance :Mr. Kiran, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 7th April, 2022
ORDER
The applicant/accused Shafiq Mehbood Ansari has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
19.03.2022 by Malvani police Station in C.R. No. 109/2022 for offence
punishable u/sec. 8(c) r/w 20 of NDPS Act.
2.

As per the case of the prosecution on 19.03.2022 PSI Vathre and
other police staff whilst on patrolling duty they saw one person in
suspicious manner near Usmaniya Masjid, Ambujwadi, Malvani,
Mumbai. Thereafter PI Suryavanshi and two panchas were called at
the alleged spot. On direction of PI Suryavanshi, PSI Vathre recovered
bag containing 150 gms. Ganja from right hand of applicant. Said
contraband
came to be seized under panchanama by following
necessary procedure and applicant was placed under arrest.

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3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated in this case. The
contraband allegedly
recovered from him comes under small quantity. Hence Sec. 37 of NDPS
Act is not applicable to the applicant. The punishment for this offence
is up to one year. The applicant is permanent resident of Mumbai and is
not likely to abscond. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is contended
that investigation is in progress. If accused is released on bail he may
not be available for trial and he may indulge in same kind of offence.
Hence application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that whilst on patrolling duty officers of Malvani Police Station
apprehended accused with possession of 150 Gms. of Ganja, which
came to be seized under panchanama Now, the quantity of contraband
recovered from the applicant is small quantity and punishment
prescribed to the said offence is upto one year. Hence
stringent
provisions of Sec. 37 of NDPS Act are not applicable.
6.

Prosecution opposed the application on the ground that charge-
sheet is yet to be filed against accused. However, this is not ground to
deny the bail. Already recovery is completed and nothing is remained
to be recovered. Further it is submitted on behalf of the applicant that
applicant has no criminal antecedents. Further more, applicant has a
permanent address in the Mumbai and he is not likely to abscond.
7.

Further, applicant is ready to abide by any conditions imposed by
the Court. No purpose will be served by keeping the applicant in the
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custody. Hence I hold that application deserves to be allowed and
applicant is entitled to be released on bail. Hence the following order is
passed:
ORDER
1. Bail Application no. 724/2022 is hereby allowed.
2. Applicant/accused Shafiq Mehbood Ansari be released in C.R. No.
109/2022 on executing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand
only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Malvani Police Station on every
Thursday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs. 15,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 724/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 7.04.2022
Dictated on
Transcribed on
Signed on
: 07.04.2022
: 08.04.2022
: 08.04.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
08/04/2022
TIME
NAME OF STENOGRAPHER
5.12 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O. on
07.04.2022
Judgment/order uploaded on
08.04.2022
08.04.2022