NDPS BA No.718/2023
..1..

in NDPS RA No.1016/2023
MHCC020123892023
Presented on
: 19-08-2023
Registered on : 19-08-2023
Decided on
: 08-09-2023
Duration
: 20 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.718 OF 2023
IN
NDPS REMAND APPLICATION NO.1016 OF 2023
Shehbaj Abdul Maruf Khan
Aged : 31 years, Occ: R/at : Opposite Dalk Mil Compound,
Zakeria Bunder, Room No.2/27, Sewree,
Mumbai-400 015.

)
)
)
)
) .. Applicant/Accused No.5
V/s.
The State of Maharashtra
)
(At the instance of Shivaji Nagar police )
station, Mumbai, vide Spl. LAC/C.R. ) .. Respondent/Prosecutor
No.667/2023).
Appearance :
Ld. Adv. Mr. S.K. Zende, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.718/2023
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in NDPS RA No.1016/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 08/09/2023
ORAL ORDER
This is an application taken out by applicant/accused No.5
Shehbaj Abdul Maruf Khan under section 439 of Code of Criminal
Procedure for enlarging him on bail in Spl. LAC/C.R. No.667/2023
registered at Shivaji Nagar police station, 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 No.5 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 Spl. LAC/C.R. No.667/2023.
Learned
Advocate
for
applicant/accused
argued
that,
the
applicant/accused is arrested on 02/08/2023 and since then he is in
custody. As per prosecution case 55 gram Mephedrone (MD) was
recovered from the possession of the co-accused No.1 Aslam Jalil Khan,
15 gram Mephedrone (MD) was recovered from the possession of the
applicant/accused No.2 Jahangir Abdul Rehman Shaikh. The co-accused
No.2 Jahangir Abdul Rehman Shaikh during investigation revealed that,
NDPS BA No.718/2023
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in NDPS RA No.1016/2023
he used to purchase the said contraband from the accused Abdul
Sufiyan @ Rahim @ Mama. The co-accused No.3 Abdul Sufiyan @
Rahim @ Mama during investigation revealed that, he used to purchase
the Mephedrone (MD) from one Nigerian person and the present
applicant/accused. Nothing is recovered from the applicant/accused.
The applicant/accused is not having criminal antecedents. There is no
positive material on record to show the nexus or connection between
the applicant/accused and the other co-accused. Applicant/accused is
permanent resident of Mumbai. The applicant/accused is ready to abide
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, 55 gram
Mephedrone (MD) was recovered from the possession of the co-accused
No.1 Aslam Jalil Khan and 15 gram Mephedrone (MD) was recovered
from the possession of the co-accused No.2 Jahangir Abdul Rehman
Shaikh. The co-accused No.2 Jahangir Abdul Rehman Shaikh during
investigation disclosed that, said Mephedrone (MD) was procured from
the accused Abdul Sufiyan Abdul Kalak Chaudhary @ Rahim @ Mama
and co-accused Abdul Sufiyan Abdul Kalak Chaudhary @ Rahim @
Mama informed that, he used to purchase the said Mephedrone (MD)
from the applicant/accused and one Nigerian person and there was
exchange of Whats-App messages between them. The quantity
recovered in the present crime is commercial quantity. Therefore,
rigours of section 37 of the NDPS Act are applicable. There is positive
material
on
record
applicant/accused
which
and
the
indicates
the
co-accused
nexus
and
the
between
the
fact
that,
NDPS BA No.718/2023
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in NDPS RA No.1016/2023
applicant/accused is a drug peddler. Applicant/accused has not
demonstrated any material to show that there are reasons to believe
that he is not guilty of offence alleged to have been committed by him.
Section 29 of the NDPS Act is applicable in the present matter.
Investigation is pending. Release of the applicant/accused may hamper
the further investigation. The applicant/accused may re-commit similar
offences if he is released on bail. Therefore, Ld. APP submitted that,
application be rejected.
5.

From
the
matter
on
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. Therefore,
rigours under section 37 of the NDPS Act are applicable to present
matter. 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. From the prima facie appreciation of the material on
record there is positive material to show that, applicant/accused and coaccused are having nexus with each other. From the appreciation of the
material on record prima facie there appear involvement of the
applicant/accused in the crime. As such provision of section 37 of NDPS
Act are applicable. Applicant/accused has not brought on record any
material to show that there are grounds to believe that he is not guilty
of offence. Hence, embargo put by section 37 of NDPS Act is not lifted.
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
NDPS BA No.718/2023
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in NDPS RA No.1016/2023
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 witnesses 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.
7.

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.

NDPS BA No.718/2023
9.

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in NDPS RA No.1016/2023
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.718/2023 of applicant/accused No.5
Shehbaj Abdul Maruf Khan in Spl. LAC/C.R. No.667/2023 in
NDPS RA No.1016/2023, is rejected.

2.

NDPS Bail Application No.718/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 08/09/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.09.13
11:45:32 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
08/09/2023
Transcribed on
:
08/09/2023
Checked on
:
11/09/2023
Signed on
:
11/09/2023
NDPS BA No.718/2023
..7..

in NDPS RA No.1016/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
13.09.2023
TIME
NAME OF STENOGRAPHER
11.43 a.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.

08/09/2023
Judgment/order signed by P.O
on
11/09/2023
Judgment/order uploaded on
13/09/2023