Cri. BA No.858/2024
.. 1 ..

in C.R. No.165/2024
MHCC020054802024
Presented on
: 02-04-2024
Registered on : 02-04-2024
Decided on
: 23-04-2024
Duration
: 20 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.858 OF 2024
IN
C.R. NO. 165 OF 2024
Asfaq Manohar Shaha
R/at : 2015 Bharni Naka, Antop Hill,
Shiv Prena Building, 40th Floor, Wadala,
Mumbai – 400037
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instances of Wadala T.T. Police )
Station)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Shubham Singh, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 23/04/24
Cri. BA No.858/2024
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in C.R. No.165/2024
ORAL ORDER
This is an application taken out by applicant/accused Asfaq
Manohar Shaha under section 439 of Code of Criminal Procedure for
enlarging him on bail in C.R. No. 165/2024 registered at Wadala T.T.
police station, Mumbai for the offences punishable under section 8(c)
r/w section 21 (b) 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 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 10/03/2024, 8.5 gram Mephedrone is alleged to be
recovered from the possession of the applicant/accused and therefore,
offence punishable under section 8(c) r/w section 21 (b) 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 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
10/03/2024. Nothing needs to be recovered from him now.
Applicant/accused is resident of Mumbai and he is ready to abide by all
Cri. BA No.858/2024
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in C.R. No.165/2024
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, 8.5 Mephdrone is
alleged to be recovered from the possession of the applicant/accused.
Investigation revealed that, applicant/accused was possessing same for
the purpose of sale. As such it is clear that, applicant/accused is a drug
peddler. Investigation is yet to be completed. Release of the
applicant/accused at this stage may hamper the investigation.
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 21 (b) of NDPS Act, 1985.

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
10/03/2024 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
Cri. BA No.858/2024
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in C.R. No.165/2024
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.858/2024 in C.R. No. 165/2024, is
allowed.

2.

Applicant/accused Asfaq Manohar Shaha, be released on bail in
C.R. No. 165/2024 under section 8(c) r/w section 21 (b) of
NDPS Act, 1985 registered by Wadala T.T. Police Station, Mumbai
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 :
Cri. BA No.858/2024
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in C.R. No.165/2024
(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.

Criminal
Bail
Application
No.858/2024
is
disposed
accordingly.
(Pronounced in open Court)
Date : 23/04/2024.

Directly Typed on : 23/04/24
Checked on
: 23/04/24
Signed on
: 23/04/24
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
of
Cri. BA No.858/2024
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in C.R. No.165/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
25.04.2024
05:00 P. M.

Sejal S. Shivalkar
(Typist)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of Order.

23/04/24
order signed by P.O on
23/04/24
order uploaded on
25/04/24