IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 873 OF 2022
IN
C. R. NO. 56 OF 2022
Arif Munir Khan
Age : 25 yrs., Occu.: Service
R/o : R. No.65,
Maharashtra Nagar No.1,
Slaughter House,
Bandra (W), Mumbai.
…Applicant
V/s.
The State of Maharashtra
DCB CID ANC Bandra unit
…Respondent
Appearance :Mr. Bhandari, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 4th May, 2022
ORDER
The applicant/accused Arif Munir Khan has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
12.04.2022 by officers of ANC Bandra Unit in C.R. No. 56/2022 for
offence punishable u/sec. 8(c) r/w 21(b) of NDPS Act, 1985.
2.

The case of the prosecution in short is that on 12.04.2022 at
15.00 hrs. the officers of CDB CID ANC Bandra Unit, Mumbai while
patrolling duty, they found one person in suspicious condition near
Shastri Nagar, Slaughter House compound, Zopadpatti, Bandra (W),
hence the officers and the squad surrounded and stopped him on the
spot. Upon enquiry he disclosed that he is possessing Heroin.
Accordingly, two panchas were called. Search
was taken, wherein
accused was found in possession of 7 grams of Heroin.

Said
contraband was seized under panchanama and accused came to be
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arrested.
3.

The present applicant/accused has sought bail on the
grounds that the alleged contraband recovered from the present
applicant accused is 7 gms. of Heroin, which falls under, which
falls under category of non-commercial quantity and hence does
not attract the stringent provision of sec. 37 of NDPS Act, 1985.
Applicant is falsely implicated in this case and the allegations
made against him are totally false and baseless. There is no
compliance of sec. 50 of NDPS Act. The applicant is permanent
resident of Mumbai and is not likely to abscond. He undertakes
to abide
by any terms and condition imposed by the Court.

Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that investigation is in progress.

The applicant is
dealing in the business of contraband . If applicant/accused is
released on bail he may not be available for trial and he may
indulge in similar 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 ANC,
Bandra unit apprehended applicant/accused with possession of 7
gms. of Heroin, which came to be seized under panchanama.
Now, the quantity of contraband recovered from the applicant is
non-commercial quantity. Hence stringent provisions of Sec. 37
of NDPS Act are not applicable.
6.

Prosecution opposed the application on the ground that
investigation is in progress. However, this is not a ground to
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deny bail. As stated above, the seized quantity of Heroin seized
from the applicant falls under intermediate 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.
7.

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. 873/2022 is hereby allowed.
2. Applicant/accused Arif Munir Khan be released in C.R. No.
56/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the office of ANC, Bandra unit on
every Friday between 2.00 p.m. to 5.00 p.m. till filing of chargesheet.
4. Applicant/accused and his sureties 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 trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
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provisional cash bail for period of eight weeks. Hence, permission
granted to furnish provisional cash bail of Rs. 20,000/- for
period of eight weeks.
9. Accordingly, Bail Application no. 873/2022 is disposed off.

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

Date : 04.05.2022
Dictated on
Transcribed on
Signed on
: 04.05.2022
: 04.05.2022
: 04.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
05.05.2022
TIME
NAME OF STENOGRAPHER
11.00 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
04.05.2022
04.05.2022
05.05.2022