CRI. BA No.878/2024
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in C.R. No.273/2024
MHCC020056232024
Presented on
: 04-04-2024
Registered on : 04-04-2024
Decided on
: 12-04-2024
Duration
: 08 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.878 OF 2024
IN
C.R. NO.273 OF 2024
Yunus Umar Wadia
)
Aged : 41 years, Occ: )
th
R/at : Room No.7, 4 Floor, 13/15 )
Motiwala
Building,
Kolsa
Street, )
Phydhonie, Mumbai-400 003.
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra
)
(At the instance of Pydhonie police )
station,
Mumbai,
vide
C.R. ) .. Respondent/Prosecutor
No.273/2024).
Appearance :
Ld. Adv. Mr. Mahendra Patnekar, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 12/04/2024
CRI. BA No.878/2024
..2..

in C.R. No.273/2024
ORAL ORDER
This is an application taken out by applicant/accused No.2
Yunus Umar Wadia under section 439 of Code of Criminal Procedure for
enlarging him on bail in C.R. No.273/2024 registered at Pydhonie
police station, Mumbai for the offences punishable under section 8(c)
r/w section 22(b) and section 29 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 No.2 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 rejected any
superior court. Learned Advocate for applicant/accused argued that, as
per the prosecution case on 28/03/2024 on the basis of prior
information applicant/accused No.2 and co-accused No.1 were
apprehended and 05 gram Mephedrone (MD) is alleged to be recovered
from the conscious possession of the applicant/accused No.2 and 10
gram Mephedrone (MD) is alleged to be recovered from the conscious
possession of the co-accused No.1 Sohail Sattar Patni. Therefore,
offence punishable under section 8(c) r/w section 22(b) and section 29
of NDPS Act, 1985 is registered against the applicant/accused.
Cumulative quantity of contraband alleged to be recovered in the
present crime is intermediate quantity. Therefore, rigours of section 37
of the NDPS Act are not applicable. Applicant/accused is not having any
CRI. BA No.878/2024
criminal
..3..

antecedents.

in C.R. No.273/2024
Applicant/accused
is
in
custody
since
28/03/2024. Nothing needs to be recovered from him now.
Applicant/accused is resident of Mumbai and he is ready to abide by all
conditions which the court may impose. Therefore, Ld. Advocate for
applicant/accused prayed that application be allowed.
4.

On the other hand, Ld. APP argued that, on 28/03/2024 on
the basis of prior information applicant/accused No.2 and co-accused
No.1 were apprehended and 05 gram Mephedrone (MD) is recovered
from the conscious possession of the applicant/accused No.2 and 10
gram Mephedrone (MD) is recovered from the conscious possession of
the co-accused No.1 Sohail Sattar Patni. Investigation of the crime is
pending. Wanted accused is yet to be arrested. Investigation may be
hampered if the applicant/accused is released on bail. Therefore, Ld.
APP submitted that, bail 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(b) and section 29 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. Quantity of
contraband alleged to be recovered from applicant/accused and coaccused is a not commercial quantity and it is intermediate quantity. As
such the rigour of section 37 of NDPS Act is not applicable in present
matter. No criminal antecedents are attributed to the applicant. From
the material on record applicant/accused appears to be resident of
Mumbai. Moreover, it appears that, applicant/accused is in custody
since 28/03/2024 and now nothing is to be recovered from the
CRI. BA No.878/2024
..4..

in C.R. No.273/2024
applicant/accused. As such from the material on record it appears that,
investigation in respect of the applicant/accused is almost completed.
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.

Cri. Bail Application No.878/2024 in C.R. No.273/2024 in C.R.
No.273/2024, is allowed.

CRI. BA No.878/2024
2.

..5..

in C.R. No.273/2024
Applicant/accused No.2 Yunus Umar Wadia, be released on bail
in C.R. No.273/2024 under section 8(c) r/w section 22(b) and
section 29 of NDPS Act, 1985 registered by Pydhonie police
station, Mumbai station on executing personal bond of
Rs.50,000/- only (Rs. Fifty thousand only) with one or more
sureties 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.

Bail Application No.878/2024 is disposed of accordingly.
(Pronounced in open Court)
Date : 12/04/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
12/04/2024
Transcribed on
:
12/04/2024
Checked on
:
12/04/2024
Signed on
:
12/04/2024
CRI. BA No.878/2024
..6..

in C.R. No.273/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
12.04.2024
TIME
NAME OF STENOGRAPHER
05.00 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.

12.04.2024
Judgment/order signed by P.O on
12.04.2024
Judgment/order uploaded on
12.04.2024