NDPS BA No.808/2023
..1..

in NDPS RA No.1098/2023
MHCC020138852023
Presented on
: 13-09-2023
Registered on : 13-09-2023
Decided on
: 07-10-2023
Duration
: 24 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.808 OF 2023
IN
NDPS REMAND APPLICATION NO.1098 OF 2023
Mr. Shamim Akram Ahmad
Age : 44 years, Occ: Artesan
R/at : Dawani Masjid Trust Building,
Universal Tube Traders, First Floor, 2 nd
Peerkhan Street, Nagpada Mumbai 08.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Dongri police station
Mumbai,
vide
Spl.
LAC/C.R.
No.56/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Mohd. Afzal, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.808/2023
..2..

in NDPS RA No.1098/2023
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 07/10/2023
ORAL ORDER
This is an application taken out by applicant/accused
Shamim Akram Ahmad under section 439 of Code of Criminal
Procedure for enlarging him on bail in Spl. LAC/C.R. No.56/2023
registered at Dongri police station, Mumbai for the offences punishable
under section 8(c) r/w section 22(b) 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,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 11/08/2023, 26 gram Mephedrone (MD) was
recovered from the possession of the applicant/accused. Therefore,
offence punishable under section 8(c) r/w section 22(b) of NDPS Act,
1985 was registered against the applicant/accused. The quantity of
contraband recovered from the applicant/accused in the present crime
is intermediate quantity. Therefore, rigours of section 37 of NDPS Act
are not attracted. No criminal antecedents are attributed to the
applicant/accused.

Nothing
needs
to
be
recovered
from
the
NDPS BA No.808/2023
applicant/accused.

..3..

The
in NDPS RA No.1098/2023
applicant/accused
is
in
custody
since
11/08/2023. Applicant/accused is permanent resident of Mumbai.
Applicant/accused is ready to abide by all 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, the offence alleged
is of serious nature. 26 gram Mephedrone (MD) is recovered from the
possession of the applicant/accused. Applicant/accused was possessing
15 plastic pouches and Mephedrone (MD) which reveals that, present
applicant/accused was possessing the contraband for the purpose of
sale.

The
material
on
record
prima
facie
reveals
that,
the
applicant/accused is a drug peddler. Investigation is incomplete. The
person from whom the present applicant/accused had procured the
contraband seized is yet to be arrested. The applicant/accused is likely
to commit similar offence if released on bail. Investigation is likely to be
hampered if applicant/accused is released on bail. The presence of the
applicant/accused is not likely to be secured even if he is released on
bail. 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 section 22(b) of NDPS Act, 1985. The
punishment provided for the above offence may extend to 10 years and
with fine which may extend to Rs. One lakh only. Admittedly, the
quantity
of
contraband
alleged
to
be
recovered
from
the
applicant/accused is non-commercial quantity and it is intermediate
quantity. As such the rigour of section 37 of NDPS Act is not applicable
in present matter. Moreover, it appears that, applicant/accused is in
NDPS BA No.808/2023
..4..

in NDPS RA No.1098/2023
custody since 11/08/2023 and now nothing is to be recovered from
him. No criminal antecedents are attributed to the applicant/accused.
From the reply of the application there appear no any just ground which
necessitates further detention of the applicant/accused.
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.

NDPS Bail Application No.808/2023 in NDPS RA No.1098/2023,
NDPS BA No.808/2023
..5..

in NDPS RA No.1098/2023
is allowed.
2.

Applicant/accused Shamim Akram Ahmad, be released on bail
in Spl. LAC/C.R. No.56/2023 for offence under section 8(c) r/w
section 22(b) of NDPS Act, 1985 registered by Dongri police
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
thousand only) with one surety 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 their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.808/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 07/10/2023.

Digitally signed by
KIRAN PRAKASH
KSHIRSAGAR
Date: 2023.10.09
13:37:39 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
07/10/2023
Transcribed on
:
07/10/2023
Checked on
:
07/10/2023
Signed on
:
09/10/2023
NDPS BA No.808/2023
..6..

in NDPS RA No.1098/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
09.10.2023
TIME
NAME OF STENOGRAPHER
01.35 p.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.

07/10/2023
Judgment/order signed by P.O
on
09/10/2023
Judgment/order uploaded on
09/10/2023