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MHCC020030322024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 455/2024
IN
C. R. NO. 154 OF 2024
1. Altaf Abdul Khan
Age : 30 yrs.
R/o : Plot no. 19, R. No.124,
New Collector Compound,
Gate No.7, Malwani,
Malad (West), Mumbai-400 095.
2. Kafil Akil Ahmed
Age : 38 yrs.
R/o : Plot no. 20, R. No.09,
New Collector Compound,
Gate No.7, Malwani,
Malad (West), Mumbai-400 095.
V/s.
The State of Maharashtra
(Malwani Police Station )
… Applicants/accused
… Respondent
Appearance :Ms. Vaishali Sawant, Adv. for applicants.
Mr. Shankar Erande, APP for respondent/State.

CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
20.03.2024
ORDER
The applicants Altaf Abdul Khan and Kafil Akil Ahmed,
have filed the instant application under Section 439 of the Code of
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Criminal Procedure, 1973 for grant of regular bail in connection with
Crime No. 154/2024 registered under Sections 8(c) r/w 20(c) & 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 with the
Malwani Police Station, Mumbai.
2.

In short, according to the applicants the quantity allegedly
recovered from their possession is non-commercial quantity. The
quantity of Hashish allegedly recovered from applicant no.1 and 2 is 10
gms. and 20 gms. respectively. As per prosecution case, accused no.1
purchased 20 gms. Hashish from applicant/accused no.2 for Rs.
5,000/-. Whereas, accused no.2 purchased 10 gms. Hashish from coaccused no.3 Zahid at the rate of Rs.5,500/- per 10 gms., which itself
falsify the case of the prosecution. Further as per case of the
prosecution, applicant/accused no.1 purchased 20 gms. Hashish from
accused no.2 and only 10 gms. of Hashish has been recovered from
applicant/accused no.1. If it is believed that applicant/accused no.1
sold 10 gms. Hashish, there has been some money with the
applicant/accused no.1 but panchanama does not show any recovery of
cash from the applicant/accused no.1. This also falsify the case of the
prosecution. The applicants are not aware of 2 kgs. Hashish recovered
from co-accused Zaid. This is false and fabricated case against the
applicants. The applicants are well rooted in the society during the
jurisdiction of Malwani Police Station. The applicants are ready to
furnish surety as directed by this court and abide by the conditions of
the bail bonds. Therefore, applicants may be released on bail.
3.

This application has been opposed by the Investigating
Officer by filing a reply at Exhs.2 & 3. It is contended that on
01.02.2024, when officers of Malwani Police Station were on patrolling
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duty at about 12.30 p.m. applicant/accused no.1 was found possessing
10 gms. Charas (Hashish) and when enquiry was made with him, he
disclosed name of applicant/accused no.2 as supplier of the said
contraband. Accordingly, applicant/accused no.2 was arrested and 20
gms. Charas has been seized from applicant/accused no.2.

During
interrogation, applicant/accused no.2 disclosed that he purchased said
charas from co-accused Zaid Khan and accordingly, accused no.3 was
arrested, who was found possessing 2 kgs. Charas in his possesion and
20 gms. of Charas in his Rikshaw. Hence, all the accused have been
arrested and contraband came to be seized under panchanama.
Accused no.3 Zaid did not co-operate the investigating agency. Deep
investigation is required to be conducted with accused/applicants.
During interrogation accused no.3 disclosed that he brought contraband
from one Farook bhai and Salim. Therefore, said persons are wanted
accused in this case. Total contraband recovered in the present case
exceeds the commercial quantity. Investigation is on going. Therefore,
the bail application may be rejected.
4.

The learned counsel for the applicants submitted that the
applicants have not committed any crime. They have been falsely
implicated in the case. The prosecution case as reveals from the remand
papers itself falsify accusation made against the applicants for the
reasons that as per prosecution case, the applicant no.1 was found
possessing 10 gms. of Hashish and that he disclosed that he purchased
20 gms. of Hashish for Rs. 5,000/- from accused no.2. However, there
is no investigation whether the applicant/accused no.1 consumed or
sale the remaining 10 gms. Hashish with him. No amount has been
seized from possession of applicant/accused no.1 indicating sale of
contraband. Further, as per prosecution case, applicant/accused no.2
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was arrested and found possessing 20 gms. of Hashish and as per
statement of applicant/accused no.2, he had purchased the same from
accused no.3 at the rate of 5,500/- per 10 gms., which is not consistent
with the alleged disclosure statement made by accused no.1. It cannot
be believed that accused no.2 purchased contraband at the rate of Rs.
5,500/- per 10 gms. and sold 20 gms. of contraband for Rs.5,000/-.
Further it is submitted that applicants cannot be connected with the
contraband recovered from accused no.3. The applicants have clean
antecedents and well rooted in the society. The confessional statements
are not admissible in law. Therefore, considering the fact that the
applicants were not found in possession of commercial quantity of
contraband, they may be released on bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
submitted that the total recovery in the instant matter is commercial
quantity. Applicant/accused no.1 had purchased the contraband from
applicant/accused no.2 and applicant/accused no.2 had purchased
contrband from accused no.3. Therefore, all the accused have
committed crime in conspiracy with each other. Investigation is yet to
be over. If applicants are released on bail, they may commit similar
offence while on bail. Therefore, application may be rejected.
6.

Considering the submissions from both sides, I have gone
through the case papers carefully. Undisputedly, non-commercial
quantity of contraband has been recovered from accused no.1 and 2.
Prima-facie there appears inconsistency that accused no.1 purchased 20
gms. of MD from accused no.2 for Rs. 5,000/- and that accused no.2
purchased same contraband from accused no.3 at the rate of Rs.5,500/per 10 gms.

Except the confessional statements there appears no
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evidence to connect accused with each other. Therefore, in such
circumstances, it cannot be said that the applicants have committed
crime in conspiracy pertaining to commercial quantity. Therefore, in my
opinion, bar u/sec. 37 of the NDPS Act is not applicable to the case of
present applicants. The applicants appear to be well rooted in the
Society and having clean antecedent, therefore, I think it proper to
release the applicants on bail by imposing stringent conditions. Hence, I
proceed to pass the following order.
ORDER
1. Cri. Bail Application No. 455/2024 is hereby allowed.
2. The applicants/accused Altaf Abdul Khan and Kafil Akil Ahmed,
arrested
in Crime No. 154/2024, shall be released on bail upon
executing a personal bonds of Rs. Sixty Thousand each, along with one
or two solvent sureties of the like amount, to ensure their appearance at
all required times during the legal proceedings, subject to the following
conditions:
a.

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

The
jurisdiction
applicants/accused
of
Mumbai
are
without
prohibited
explicit
from
permission
leaving
the
from
the
investigating officer or the Court.
c.

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

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The applicants/accused must maintain a stable residence at their
current address in Malad, Mumbai, and are required to inform the court
and the investigating officer of any change in their residential address.
The accused shall furnish their active mobile numbers to the
Investigating Officer and shall also immediately report any change in
their mobile numbers.
e. The applicants/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicants/accused shall surrender their passport, if any, before
the Investigating Officer within a week and, if they do not possess any
passport, they shall file an affidavit to that effect before the
Investigating Officer.
g. The applicants/accused are prohibited from engaging in activities
that might be related to the offense registered.
h. The applicants/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 applicants/accused
before release on bail shall furnish the list of three blood relatives with
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 them.
2.

Failure to adhere to any of these conditions will result in the
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immediate revocation of bail and may lead to further legal
consequences.
Date : 20.03.2024
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)
: 20.03.2024
: 21.03.2024
: 21.03.2024
: 21.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
22.03.2024
TIME
NAME OF STENOGRAPHER
05.00 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
20.03.2024
Judgment/order uploaded on
22.03.2024
21.03.2024