NDPS BA No.784/2023
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in NDPS RA No.967/2023
MHCC020135742023
Presented on
: 06-09-2023
Registered on : 06-09-2023
Decided on
: 06-10-2023
Duration
: 01 Month
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.784 OF 2023
IN
NDPS REMAND APPLICATION NO.967 OF 2023
Shahnawaaz Mohd Shamim Siddiqui
Aged : 38 years, Occ: Business
R/at : Room No. 46, B Wing, Balaji
Builidng, Goregao West, Mumbai 104.

)
)
)
) .. Applicant/accused
V/s.
The State of Maharashtra
)
(At the instance of ANC Bandra Unit, )
Mumbai, vide C.R. No.65/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Taraq Sayed, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 06/10/2023
NDPS BA No.784/2023
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in NDPS RA No.967/2023
ORAL ORDER
This is an application taken out by applicant/accused
Shahnawaaz Mohd Shamim Siddiqui under section 439 of Code of
Criminal Procedure for enlarging him on bail in C.R. No.65/2023
registered at ANC Bandra Unit, Mumbai for the offences punishable
under section 8(c) r/w section 22(c) and section 29 of Narcotic Drug
and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS
Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused and
no other bail application of the applicant/accused is pending in any
higher Court in respect of the above C.R. No.65/2023. Learned
Advocate for applicant/accused argued that, as per the prosecution
case, on 18/07/2023, 22 gram Mephedrone (MD) was recovered from
the possession of the applicant/accused and 30 gram Mephedrone (MD)
was recovered from the possession of the co-accused Kailaskumar
Prabhulal Meghwal from the same place. Therefore, offence punishable
under section 8(c) r/w section 22(c) and section 29 of the NDPS Act is
registered
against
the
applicant/accused
and
co-accused.

Applicant/accused has no concern with the co-accused. There is no
positive material on record to indicate any nexus or conspiracy between
applicant/accused and the co-accused. The independent quantity of
contraband recovered from the possession of the applicant/accused is to
NDPS BA No.784/2023
..3..

in NDPS RA No.967/2023
be considered. The quantity of contraband recovered from the
possession of the applicant/accused is intermediate quantity. Therefore,
rigours of section 37 of the NDPS Act are not applicable.
Applicant/accused is resident of Mumbai. He is ready to abide all terms
and conditions which the court may impose. Therefore, Ld. Advocate for
the applicant/accused prayed that, applicant/accused be released on
bail.
4.

On the other hand, Ld. APP argued that, on 18/07/2023
the applicant/accused and the co-accused were found together in
suspicious condition and 22 gram Mephedrone (MD) was recovered
from the possession of the applicant/accused and 30 gram Mephedrone
(MD) was recovered from the possession of the co-accused Kailaskumar
Prabhulal Meghwal. Investigation and CDR analysis of the mobile of the
applicant/accused and the co-accused revealed that, they were in
contact with the wanted accused Sanjay Morwal and they had procured
the said contraband from the co-accused Sanjay Morwal. Therefore,
there is positive material on record which indicates nexus between
applicant/accused and the co-accused and the wanted accused Sanjay
Morwal. The cumulative quantity of contraband recovered in the
present crime is commercial quantity. Therefore, section 29 of the NDPS
Act is applicable. Considering that commercial quantity is recovered in
present crime and the above facts rigours of section 37 of the NDPS Act
are also applicable. Investigation is in progress. If the applicant/accused
is released on bail at this stage then investigation may be hampered.
Therefore, Ld. APP submitted that application be rejected.

NDPS BA No.784/2023
5.

From
the
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matter
on
in NDPS RA No.967/2023
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(c) and section 29 of NDPS Act, 1985.
The
cumulative
quantity
of
contraband
recovered
from
the
applicant/accused and co-accused is commercial quantity. From prima
facie appreciation of material on record, it reveals that, the
applicant/accused is a drug peddler and involved in the sale of the
contraband. Considering the matter on record and investigation about
CDR analysis there appear no substance in the contention of the
applicant/accused that, there is no positive material on record to show
that, applicant/accused and co-accused had no any nexus and they had
not hatched any conspiracy. Wanted accused is yet to be arrested.
6.

Admittedly, till date investigation is not completed. Prima
facie there is no material on record, so as to doubt genuineness of the
prosecution case. Prima facie there appear no inherent infirmities or
improbability in the prosecution case. Considering the nature of offence
the possibility that, after release of the applicant/accused, the
applicant/accused may tamper the prosecution evidence or influence
the witnesses or may involve in commission of such offences cannot be
ruled out at this stage. Moreover, considering the quantity of the
contraband seized and the facts of the case free, fair and full
investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. Therefore, at this stage there appear necessity for
the further detention of the applicant/accused for facilitating further
investigation.

NDPS BA No.784/2023
7.

..5..

in NDPS RA No.967/2023
Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.
ORDER
1.

NDPS Bail Application No.784/2023 of applicant/accused
Shahnawaaz Mohd Shamim Siddiqui in C.R. No.65/2023 in
NDPS RA No.967/2023, is rejected.

NDPS BA No.784/2023
2.

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in NDPS RA No.967/2023
NDPS Bail Application No.784/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.10.09
13:34:46
+0530
Date : 06/10/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
06/10/2023
Transcribed on
:
06/10/2023
Checked on
:
07/10/2023
Signed on
:
09/10/2023
NDPS BA No.784/2023
..7..

in NDPS RA No.967/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
09.10.2023
TIME
NAME OF STENOGRAPHER
01.00 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

06/10/2023
Judgment/order signed by P.O
on
09/10/2023
Judgment/order uploaded on
09/10/2023