NDPS Spl RA 917/2018
BA 700/2018
1
IN THE SPECIAL COURT FOR NARCOTICS DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO. 700 OF 2018
IN
NDPS SPL. REMAND APPLICATION NO. 917 OF 2018
Tabassum Arif Shaikh,
Age:­34 years, Occ.: Housewife
R/A BMC dormitory bldg. no.5,
ground floor, room no.70/71,
Saboo Siddique Road, near Carnac bridge,
Masjid Bunder, Mumbai – 400 001.
V/s.
The State of Maharashtra
Through Anti Narcotic Cell, Kadivali Unit.

… Applicant
/Accused.

… Respondent.

Appearance:
Ld. Advocate Mr. S. R. Patil for the applicant/ accused.
Ld. APP Mr. Panjwani for the prosecution.
CORAM: H.H.THE SPECIAL JUDGE (NDPS)
SHRI. U. M. MUDHOLKAR
(C.R.NO.43)
DATED: 21st NOVEMBER, 2018.
ORAL ORDER
This is an application for bail filed by applicant/ accused­
Tabassum Arif Shaikh, on account of her arrest by the officers of the
Anti Narcotic Cell, Kandivali Unit, Mumbai for commission of offences
punishable u/s. 8(c) r/w 22(C), 23 and 29 of NDPS Act, 1985.
2.

The prosecution case in nutshell reveals that the officers of
respondent received an information from the authorities of CSI Airport,
NDPS Spl RA 917/2018
BA 700/2018
2
Mumbai that the co­accused Furkana along with her baggage came to
passport clearance counter for proceeding to Qatar.

Therefore, PI
Kadam noted down the information in the information book as well as
station diary and with the help of dog sniffing squad, the 3 baggage of
the co­accused Furkana were checked in which 3 story books, 13 wax
bangles and skipping ropes were found in which 465 gms of
psychotropic substance called Amphetamine valued of Rs.23,25,000/­
was found concealed. The same came to be seized and the FIR was
lodged. Accordingly, the co­accused Furkana came to be arrested and
crime bearing CR No.41/2018 was registered under aforesaid section of
NDPS Act. During custodial interrogation co­accused Furkana disclosed
that, those trolley bags were given to her by co­accused Tabassum and
Rashid Faras at Hotel Shalimar.

Therefore, both the co­accused
Tabassum and Rashid Faras came to be arrested.

During custodial
interrogation co­accused Rashid Faras disclosed that persons by name
Niyaz, Shoeb & co­accused Mustakeem as well as co­accused Abdul
Rashid had stayed in Hotel Zhamzham wherein as per the direction of
co­accused Mustakeem the baggages were handed over to co­accused
Rashid Faras who, with the help of accused Tabassum handed over the
same to co­accused Furkana at Hotel Shalimar, for carrying the same to
Qatar. The present applicant/accused Tabassum after cessation of her
ANC custody, is in judicial custody.
3.

The bail is sought on the ground that applicant/accused is
falsely implicated in the crime. There is no recovery of any contraband
either at the spot or during the course of investigation, on pointing out
of the present applicant. The applicant has been thoroughly
interrogated and extension of her judicial custody is unwarranted. The
applicant/ accused is permanent resident of Mumbai and having deep
NDPS Spl RA 917/2018
BA 700/2018
3
roots in the society. She is ready to abide by the conditions imposed by
this Court, while releasing her on the bail.

On these grounds it is
prayed that applicant/ accused be enlarged on bail.
4.

The respondent/State contested the petition by filing reply
dated 19/10/2018.

The bail application is mainly objected on the
grounds that the commercial quantity of contraband i.e. 465 gms of
Amphetamine was found in the possession of the co­accused Furkana
and with the help of applicant and her other associates it was being
exported to Qatar from Mumbai. It is further contented that,
investigation is progressive and is at crucial stage. On these grounds it is
prayed for the rejection of the application.
5.

Heard Ld. Advocate Mr. S. R. Patil for applicant and the Ld.

APP Mr. Panjwani for the State, at length. The submissions of both the
sides were as per the contents of the application and reply. Ld. Adv.
Mr. Patil for accused additionally submitted that, the minor daughters
of applicant are suffering from fever and therefore also she deserves to
be released on bail. In support of his submissions he has relied upon
order passed in the case of Ganesh Elamale Lounder V/s. State of
Maharashtra
in
Bail
Application
No.

877/2017
decided
on
13/06/2017 by our Hon’ble High Court.
6.

I have carefully considered the submissions, the judgment
cited supra and record.

It appears that, the information has been
noted down in the information book by the officer by whom it was
received and thus prima facie there appears to be compliance of
mandatory provision contained in NDPS Act.

It is true that, no
contraband was actually seized from the possession of applicant
NDPS Spl RA 917/2018
4
BA 700/2018
Tabassum but, during the course of investigation it has been revealed
that, the contraband was handed over to prime accused Fukrana by
present applicant Tabassum and her associate Rashid Faras. Thus, the
complicity of the present applicant in the commission of alleged
offences is clearly visible on record, at least at this stage.

In other
words, at this stage prima facie there is material on record
demonstrating the applicant’s involvement in the commission of alleged
offences.
7.

The commercial quantity of Amphetamine appears to have
been seized by following due procedure and therefore, the bar of
Section 37 of NDPS Act would certainly get attracted, which debars the
applicant from getting bail. The investigation is not only progressive
but, at the crucial stage and the help of CDR as well as cyber experts is
being taken for completion of the investigation. Similarly, the CCTV
footage is also being scrutinized. The wanted accused persons by name
Shoeb, Niyaz, Munis and Mohasin are yet to be arrested to ascertain the
depth of their complicity in the commission of alleged offences.

In
other word the charge­sheet is not yet filed and there is material on
record prima facie showing involvement of the applicant in the
commission of alleged offences. The release of the applicant on bail
may cause serious prejudice to the investigation agency. So far as the
judgment relied upon by the applicant is concerned, the facts thereof
are distinguishable. In that case charge­sheet was already filed and the
prime accused was released on bail. Therefore, the judgment would
have no application to the case at our hand.
8.

Considering all these aspects in the considered view of this
court release of the present accused on bail for the offences which
NDPS Spl RA 917/2018
BA 700/2018
5
attract stringent rigorous punishment of 20 years is not at all desirable.
Hence, by rejecting the argument advanced on behalf of the applicant/
accused following order is passed.
ORDER
Bail
Application
No.700/2018
in
NDPS
Remand
Application No. 917/2017 stands rejected and disposed off accordingly.

21.11.2018.

Typed on
Checked on
Signed on
(U. M. Mudholkar)
NDPS Special Judge,
Gr. Bombay.

:21.11.2018.
:21.11.2018.
:21.11.2018.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
22.11.2018, 05.30 pm.
Mrs. Supriya. S. Girkar
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.43
Date
of
Pronouncement
JUDGMENT/ORDER
of 21.11.2018.

JUDGMENT/ORDER
P.O. on
by 21.11.2018.

signed
JUDGMENT/ORDER uploaded on
22.11.2018.