Cri. BA No.98/2024 in C.R. No.01/2024 MHCC020006602024 Presented on : 10-01-2024
Registered on : 10-01-2024 Decided on : 08-02-2024 Duration : 28 Days

IN THE SPECIAL COURT FOR NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY CRIMINAL BAIL APPLICATION NO.98 OF 2024 IN C.R. NO.01 OF 2024

Afzal Zulfikar Ansari
Aged : 26 years, Occ: Service,
R/at : Near Rehmaniya Masjid Kamla
Raman Nagar Baiganwadi Govandi
Mumbai – 400 043.

.. Applicant/Accused No.2

V/s.

The State of Maharashtra )
(At the instance of Mankhurd police )
station Mumbai, vide C.R. No.01/2024). ) .. Respondent/Prosecutor

Appearance :
Ld. Adv. Mr. Sherali Khan, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

CORAM : K.P. KSHIRSAGAR (C.R.43) (ADDL. SESSIONS JUDGE) DATE
: 08/02/2024 ORAL ORDER

This is an application taken out by applicant/accused No.2 Afzal Zulfikar Ansari under section 439 of Code of Criminal Procedure for enlarging him on bail in C.R. No.01/2024 registered at Mankhurd
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, 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 any superior court. Learned Advocate for applicant/accused argued that, as per the prosecution case on 01/01/2024 officials of Mankhurd police station found co-accused No.1 Sufiyan Liyakatli Khan and applicant/accused No.2 in suspicious condition. During the search of the co-accused No.1 15 gram Mephedrone (MD) is alleged to be recovered from his conscious possession and during search of the applicant/accused 6 bottles of Chlorpheniramine Maleate & Codeine Phosphate syrup WELCYREX of 100 ml each are alleged to be recovered from the possession of the applicant/accused. Therefore, offence punishable
under section 8(c) r/w section 22(c) and section 29 of NDPS Act, 1985 is registered against the applicant/accused. The quantity of contraband alleged to be recovered from the possession of the applicant/accused and co-accused is intermediate quantity. Therefore, rigours of section 37
of the NDPS Act are not applicable. Applicant/accused is not having any criminal
antecedents.

Applicant/accused is in custody since 01/01/2024. 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 01/01/2024 officials of the Mankhurd police station during patrolling found coaccused No.1 and applicant/accused in suspicious condition and during the search of the co-accused No.1, 15 gram Mephedrone (MD) is recovered from his conscious possession and during the search of the applicant/accused 6 bottles of Chlorpheniramine Maleate & Codeine Phosphate syrup WELCYREX of 100 ml each are recovered. The accused involved in the crime are highly educated. 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(c) and section 29 of NDPS Act, 1985. Considering
the quantity of contraband recovered from the applicant/accused and the co-accused it reveals that, offence punishable under section 8(c) r/w section 22(b) of NDPS Act, 1985 only is made out and no case is made out for the offence punishable under section 8(c) r/w section 22(c) of NDPS Act. The punishment provided for the above offence may extend to 10 years and with fine which may extend
to Rs. One lakh only. Admittedly, the quantity of contraband alleged to be recovered from applicant/accused is a non-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 01/01/2024 and now nothing is to be recovered from the 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.Criminal Bail Application No.98/2024 in C.R. No.01/2024, is allowed.

2.Applicant/accused No.2 Afzal Zulfikar Ansari, be released on bail in C.R. No.01/2024 under section 8(c) r/w section 22(c) and section 29 of NDPS Act, 1985 registered by Mankhurd police 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.98/2024 is disposed of accordingly.

(Pronounced in open Court)
Date : 08/02/2024.

(K.P. Kshirsagar) N.D.P.S Special Judge City Civil & Sessions Court, Gr. Bombay (CR.43) Dictated on : 08/02/2024 Transcribed on : 08/02/2024 Checked on : 08/02/2024 Signed on : 08/02/2024 Cri. BA No.98/2024 in C.R. No.01/2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE 08.02.2024 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. 08.02.2024 Judgment/order signed by P.O on 08.02.2024 Judgment/order uploaded on 08.02.2024