BA 887/2023
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MHCC020151052023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 887 OF 2023
IN
NDPS R.A.NO.1204 OF 2023
IN
C. R. No. 62/2023
Shehbaaz Mehmood Shaikh
Age :-30 years, Occ: Labour,
R/o: 84 Afzal Mansion, 3rd floor,
Room No.1 M.E. Sarang Marg,
Opp. Lokmanya, Hayat tel, Dongri,
Mumbai 400009
(He is in Judicial Custody)
Vs.
State of Maharashtra
Through Sewree Police Station
Applicant/Accused No.2
Respondent/Complainant
Appearance :Mr. S.R.Patil, 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 :
31.10.2023
ORDER
This is an application filed by applicant/accused No.2 Shehbaaz Mehmood Shaikh for grant of bail under Section 439 of Code
of Criminal Procedure, 1860, who was arrested on 13.09.2023 in C.R.
No. 62/2023 registered at Sewree Police Station for offence punishable
under sections 8(c) r/w 22(b) 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.

BA 887/2023
2.

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Heard learned Counsel Mr. S.R.Patil for the applicant and
learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 10.09.2023 informant
PC Vishwas Jadhav attached to Sewree Police Station resumed his duty.
At about 22.35 hours he along with PSI Patil, PC Athare, PC Lade and
PC Lad, left for patrolling duty within Sewree jurisdiction by a
Government vehicle. When they reached near residence of public toilet
B.P.T.road bridge, Sewree, they noticed one person in suspicious
condition. He started running away by looking at the police. Then, he
was apprehended. As he seemed to be in possession of narcotic drug,
PSI Patil called PI Chandanshive to the spot and 23.00 hours, then PI
Chandanshive came to the spot. Similarly, raiding material was brought
to the spot. Two panchas were called. The said person revealed his
name as Usman Nasim Shaikh (Accused No.1). After appraising him of
his legal rights, search was conducted. He found to have kept 18 gms
MD in a blue plastic bag in his right pocket of the pant. Similarly, cash
of Rs. 500/- was found in left pocket of the pant of accused No.1
Usman. All these articles were seized under panchanama and offence
was registered. Accused No.1 Usman revealed name of accused no.2
Shehbaaz as supplier of the drugs. Therefore, accused No.2 Shehbaaz
was arrested on 13.09.2023.
4.

The applicant is seeking bail on the grounds that the
applicant is innocent and he has been falsely implicated in this case.
Nothing is recovered from the applicant rigors Section 37 of the NDPS
Act is not attracted. Investigation is completed. The applicant is
thoroughly interrogated. Nothing will serve by keeping accused behind
the bars as it would amount to pre-trial punishment. Trial will take its
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own time. Thus, there is no meaning in keeping accused in jail. The
applicant is ready to abide all conditions imposed by the Court. No
other bail application is pending in this court or in any other court. He
prayed for bail.
5.

Ld. Adv. Mr. S.R.Patil for the applicant submitted that 18
gms. MD has been recovered from accused No.1 and no contraband is
recovered from accused No.2. Bar u/sec. 37 of the NDPS Act is not
attracted. The applicant does not have any criminal antecedents. He is
resident of Mumbai. He prayed for granting bail to the applicant.
6.

Learned APP Shri Shankar Erande for the State submitted
that this is case of patrolling duty. Recovery of contraband is made from
plastic bag in the pant’s pocket of accused No.1. Sec. 50 of the NDPS
Act is followed. Accused No.2 is a delivery boy and he has admitted
acquaintance with accused No.1. Accused No.2 had supplied 20 gms
MD to accused No.1. Though seized contraband is having intermediate
quantity, offence is serious. He prayed for rejection of the bail
application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered. Bar under section 37 of the NDPS
Act is not attracted. The applicant is resident of Mumbai. He has no
criminal antecedents. Presence of the applicant can be secured.
Necessary 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 :-
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ORDER
1. Bail Application No.887/2023 is hereby allowed.
2. Applicant/accused Shehbaaz Mehmood Shaikh in C.R. No. 62/2023
of Sewree Police Station registered under section 8(c) r/w 22(b) of the
Narcotic Drugs and Psychotropic Substance Act, 1985 shall be released
on his executing P. R. Bond of Rs. 40,000/- (Rs. Forty Thousand only)
with one or more sureties in the like amount on following conditions :(i)
The applicant shall attend Sewree Police Station on every
Monday during 10.00 a.m. to 2.00 p.m. till filing of the charge-sheet
from the date of this order for investigation purpose of the present
crime.

3.

(ii)
The applicant/accused and his sureties shall provide their
respective mobile numbers and correct addresses of their
residences alongwith names of two relatives with their mobile
numbers and addresses.

(iii)
The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the Bail Bonds.

(iv)
The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence while on
bail.

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.

4. Application is disposed off accordingly.

Date : 31.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
BA 887/2023
Dictated on
: 31.10.2023
Transcribed on : 31.10.2023
Signed on
: 31.10.2023
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BA 887/2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
31.10.2023
Name of the Judge
NAME OF STENOGRAPHER
Mrs. R.R.Hate
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
31.10.2023
Judgment/order uploaded on
31.10.2023
31.10.2023