BA 293.24
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MHCC020020062024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 293/2024
IN
C. R. NO. 101 OF 2024
Adnam Akram Sayyed @ Adnan @ Firoz
Age : 22 years
R/o : Jay Bhim Nagar,
Aarey Road, Powai,
Nitie Shiv Shakti Mitra Mandal,
Mumbai – 400 087.
… Applicant/accused
V/s.
The State of Maharashtra
(Powai Police Station )
… Respondent
Appearance :Mr. B. J. Shaikh, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
04.03.2024
ORDER
The applicant Adnam Akram Sayyed @ Adnan @ Firoz
has filed the instant application under Section 439 of the Code of
Criminal Procedure, 1973 for the grant of regular bail in connection
with Crime No. 101/2024 registered under Sections 8(c) r/w 22(b),
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27A & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
with the Powai Police Station, Mumbai.
2.

In brief, the applicant claims that he has not committed any
crime and that he has been falsely implicated in this case. The quantity
allegedly recovered from the applicant is non-commercial quantity. The
applicant has a permanent place of abode in Mumbai. The applicant has
a clean record. He is ready to furnish surety as directed by this court
and abide by the conditions of the bail bonds. Therefore, the bail
application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 23.01.2024, the
applicant was found possessing 10 gms. of MD illegally. Therefore, the
said contraband has been seized from the applicant by following
necessary procedure. Thereafter, in the house search of the applicant,
accused no.2 was found possessing 5 gms. of MD. Said contraband was
also came to be seized and offence registered against both the accused.
Offence is serious. If the applicant is released on bail, he may repeat
the commission of crime. The investigation is yet to be completed.
Therefore, the bail application may be rejected.
4.

The learned counsel for the applicant submitted that the
applicant has not committed any crime. He has been falsely implicated
in the case. Only 10 gms. of MD has been allegedly recovered from the
applicant. The applicant has clear antecedent. The applicant has a
permanent place of residence. He would not flee from justice. He is
ready to abide by the conditions of the bail bonds and furnish surety as
directed by this Court. Therefore, the applicant may be released on bail.

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5.

On the other hand, the learned APP Mr. Shankar Erande
submitted that the applicant has committed a serious crime. If he is
released on bail, he may commit a similar offence while on bail. Since
the investigation is yet to be carried out, the application may be
rejected.
6.

Considering the submissions from both sides and the fact
that the quantity allegedly recovered from the applicant is a noncommercial quantity of 10 gms. MD, the applicant has clear antecedents
and a permanent place of abode, I think it proper to release the
applicant on bail by imposing stringent conditions. Hence, I proceed to
pass the following order.
ORDER
1. Cri. Bail Application No. 293/2024 is hereby allowed.
2. The applicant/accused Adnam Akram Sayyed @ Adnan @ Firoz,
arrested
in Crime No. 101/2024, shall be released on bail upon
executing a personal bond of Rs. Sixty Thousand, along with a solvent
surety bond of the same amount, to ensure his appearance at all
required times during the legal proceedings, subject to the following
conditions:
a.

The applicant/accused is directed to report to the Powai Police
Station every Sunday between 10.00 a.m. to 11.00 a.m., till filling of
the final report without fail.
b.

The applicant/accused is prohibited from leaving the jurisdiction
of Mumbai without explicit permission from the investigating officer or
the Court.

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c.

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The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
any evidence or documents related to the case.
d.

The applicant/accused must maintain a stable residence at his
current address in Powai, Mumbai, and is required to inform the court
and the investigating officer of any change in his residential address.
The accused shall furnish his active mobile number to the Investigating
Officer and shall also immediately report any change in his mobile
number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if he does not possess any
passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
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their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.
Date : 04.03.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 04.03.2024
: 07.03.2024
: 07.03.2024
: 07.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
07.03.2024
TIME
NAME OF STENOGRAPHER
05.55 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
04.03.2024
Judgment/order uploaded on
07.03.2024
07.03.2024