IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 825 OF 2022
IN
C. R. NO. 120 OF 2022
Adil Noor Hasan Shaikh
Age : 23 yrs.,
R/o : R. No.28, Bheem Nagar,
Gate No.7, Kharodi, Abdul Hamid Rd.,
Malwani, Malad (W), Mumbai – 400 095.
…Applicant
V/s.
The State of Maharashtra
Malwani Police Station
…Respondent
Appearance :Mr. Sharma, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 29th April, 2022
ORDER
The applicant/accused Adil Noor Hasan Shaikh has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
25.3.2022 by officers of Malwani Police Station in C.R. No. 120/2022
for offence punishable u/sec. 8(c) r/w 20 of NDPS Act, 1985.
2.

As per case of the prosecution, on 25.03.2022, when informant
was on round-ups, he saw some suspicious persons at spot. When the
officers tried to approach them, 2-3 persons fled from the spot and
present applicant was arrested. During interrogation it was revealed
that he was selling Ganja. Hence panchas were called and his search
was taken. During search he was found in possession of 170 gms. of
Ganja,
which came to be seized under panchanama by following
necessary procedure and applicant was placed under arrest.

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3.

The present applicant/accused has sought bail on the grounds
that he is innocent and falsely implicated in this case. The contraband
allegedly recovered from applicant falls under small quantity. Hence
rigors of Sec. 37 of NDPS Act are not applicable. The applicant is
permanent resident of Mumbai and is not likely to abscond. He
undertakes to abide by any condition imposed by the Court. Hence he
prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is contended
that during search, present accused was found in possession of 15
plastic pouches containing Ganja weighing 170 gms. Thus, though the
quantity is small, the applicant possessed the same for purpose of sell
i.e. for commercial purpose. Hence he is not entitled to grant of bail.
More over, applicant is habitual offender and there are six cases
registered against him including three cases under provisions of NDPS
Act. If accused is released on bail he may not be available for trial and
he may indulge in same kind of offence. Hence application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that whilst on patrolling duty, officers of Malwani Police Station
apprehended applicant/accused with possession of 170 gms. of Ganja,
which came to be seized under panchanama. Now, the quantity of
contraband recovered from the applicant falls under small quantity and
punishment prescribed for the offence is one year. Hence stringent
provisions of Sec. 37 of NDPS Act are not applicable.
6.

Prosecution opposed the application on the ground that applicant
is habitual offender and there are six cases, three under NDPS Act and
three under IPC registered against the applicant and if he is granted
bail, he may commit similar offence.

However,
it is submitted on
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behalf of applicant that he is not convicted for any offence. This fact is
not disputed by Ld. APP during course of argument. Hence I am of the
opinion that applicant cannot be denied bail merely because
some
cases are registered against him, if otherwise he is
to be
entitled
released on bail.
7.

As stated above, the seized quantity of Ganja seized from the
applicant falls under small quantity and rigors of Sec. 37 of NDPS Act
are not applicable. Now, already recovery is completed and nothing is
remained to be recovered. Further more, applicant has a permanent
address in the Mumbai and he is not likely to abscond.
8.

Further, applicant is ready to abide by any condition imposed by
the Court. No purpose will be served by keeping the applicant in the
custody. Hence I hold that application deserves to be allowed and
applicant is entitled to be released on bail. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 825/2022 is hereby allowed.
2. Applicant/accused Adil Noor Hasan Shaikh be released in C.R. No.
120/2022 on executing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand
only) with one surety in the like amount.
3. Applicant/accused to attend Malwani Police Station on every Friday
between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his surety shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
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trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs. 15,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 825/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 29.04.2022
Dictated on
: 29.04.2022
Transcribed on : 29.04.2022
Signed on
: 29.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
30.04.2022
TIME
NAME OF STENOGRAPHER
11.30 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
29.04.2022
29.04.2022
30.04.2022