Cri. BA 367.24
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MHCC020025522024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 367/2024
IN
C. R. NO. 54 OF 2024
Arshad Inamulhaq Khan
Age : 33 yrs.,
R/o : Room No.118, Gali No.3,
Indiranagar Rahivashi Seva Sangh,
Mankhurd,
Mumbai – 400 088.
V/s.
The State of Maharashtra
(Trombay Police Station)
… Applicant/accused
… Respondent
Appearance :Mr. Meshram, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
27.03.2024
ORDER
The applicant Arshad Inamulhaq Khan, has filed the
instant application under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in connection with Crime
No.54/2024 registered under Sections 8(c) r/w 22(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 with Trombay Police
Cri. BA 367.24
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Station, Mumbai.
2.

In short, according to the applicant he has not committed
any crime and that he has been falsely implicated in this case. The
quantity allegedly seized from the applicant is 25 gms. of MD, which is
non-commercial quantity. Therefore, rigors u/sec. 37 of the NDPS Act
are not applicable to the facts of the present case. Nothing is remain to
be recovered from the applicant. There is violation of sec. 50 of the
NDPS Act. The applicant has co-operated the police in investigation.
The applicant has clean antecedent and deep roots in the society. The
applicant is ready to furnish surety and abide by conditions of the bail
bonds. Therefore, the bail application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing reply at Exh.2. It is contended that while the staff of
Trombay Police Station were on patrolling duty, the applicant was found
sitting in suspicious condition and waiting for someone. Therefore, he
was accoasted. He tried to flee away. Therefore, he was detained and
his personal search was conducted, wherein he was found in possession
of 25 gms. MD which was seized by following necessary procedure and
applicant came to be arrested. Investigation is yet to be completed as to
from where contraband is obtained. If the applicant is released on bail,
he may repeat commission of crime, may abscond, pressurise the
prosecution witnesses and tamper prosecution evidence. Therefore, the
bail application may be rejected.
4.

The learned counsel for the applicant submits that the
applicant has not committed any crime and that he has been falsely
implicated in this case. The contraband allegedly found with the
Cri. BA 367.24
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applicant is non-commercial quantity. Therefore, sec. 37 of the NDPS
Act would not be attracted in the present case. The applicant has clean
antecedents and well rooted in the society. The applicant is ready to
furnish surety and abide by conditions of the bail bonds. Therefore, the
applicant may be released on bail.
5.

On the other hand, the learned APP submits that the
applicant has committed serious crime under the provisions of NDPS
Act. Investigation is yet to be over. If the applicant is released on bail,
he may commit similar offence while on bail. He may tamper
prosecution evidence and pressurise the witnesses. The applicant has
criminal antecedent. Therefore, bail application may be rejected.
6.

Considering the submissions from both sides and the fact
that the contraband allegedly recovered from the applicant is 25 gms.
MD, which is non-commercial quantity,
rigours of sec. 37 are not
applicable to the facts of the present case. The applicant has clean
antecedent. The applicant appears to be well rooted in the society, I
think it proper to release the applicant on bail by imposing stringent
conditions. Hence, I proceed to pass the following order.
ORDER
1. Bail Application No. 367/2024 is hereby allowed.
2. The applicant/accused Arshad Inamulhaq Khan, arrested in Crime
No. 54/2024, shall be released on bail upon executing a personal bond
of Rs. 60,000/- and one or two solvent sureties of the like amount, on
the following conditions:
a.

The applicant/accused is directed to report Trombay Police
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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.
c.

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 Mankhurd, 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.

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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
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 : 27.03.2024
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)
: 27.03.2024
: 28.03.2024
: 28.03.2024
: 28.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
03.04.2024
TIME
NAME OF STENOGRAPHER
03.15 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
27.03.2024
Judgment/order uploaded on
03.04.2024
28.03.2024
Cri. BA 367.24
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