Cri. BA No.98/2024
..1..

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.

Cri. BA No.98/2024
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in C.R. No.01/2024
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
Cri. BA No.98/2024
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in C.R. No.01/2024
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
Cri. BA No.98/2024
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in C.R. No.01/2024
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.

Cri. BA No.98/2024
7.

..5..

in C.R. No.01/2024
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
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in C.R. No.01/2024
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
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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