IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 818 OF 2022
IN
C. R. No. 277/2022
Asif Abdul Rahman Shaikh
Age : 23 yrs.,
R/o : R. No. 372,
Shahid Bhagat Singh Nagar,
60 ft. Road, Kumbharwada,
Mumbai – 400 017.
…Applicant/Accused
V/s.
The State of Maharashtra
Dharavi Police Station.
…Respondent
Appearance :Mr. Sarpande with Mr. Vikas Chavan,
Advs. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 5th May, 2022
ORDER
The present application for grant of bail has been filed by accused
Asif Abdul Rahman Shaikh u/sec. 439 of Cr.P.C., who has been arrested
by the officers of respondent on 1.4.2022 for violation of offences
punishable u/sec. 8(c) r/w 21(b) and 29 of NDPS Act, 1985 in C.R. No.
277/2022.
2.

It is the case of prosecution that on 1.4.2022 police constable
attached to crime branch unit – 6 received an information at 10.15 hrs.
that a person by name Arif Shaikh is coming to sell MD to the customers
at Sant Gora Kumbhar Marg, Subhas Nagar Society, D wing, Eleven
heights Galli, Kumbharwada, Dharavi. Hence said police constable
orally conveyed the said information to the officers of Dharavi Police
Station. Thereafter, PSI Munthe reduced the information in the register
and station diary. Panchas were called and officers alongwith panchas
proceeded to the spot for raid with raiding kit. At about 13.15 hrs., Asif
Abdul Rehman Shaikh i.e. present applicant was noticed and he was
surrounded and apprehended on the spot. Other three persons i.e
accused no. 1 – Mohamed Arif Nasir Shaikh, accused no. 3 – Firoz @
Balli Firoz Mohammad Shaikh and accused no. 4 – Iqbal Mohamed Ali
Shaikh were also apprehended. Search of their person was taken after
appraising them of their legal right under sec. 50 of NDPS Act. During
search the applicant was found in possession with transparent plastic
pouch containing 5.3 gms. of Mephedrone. Further search of accused
no.1 Mohammad Arif Nasir Shaikh resulted in recovery of 11.63 gms. of
MD, search of accused no.3 – Firoz Shaih resulted in recovery of 5.3
gms. of MD and search of accused no.4 Iqbal Shaikh resulted in 5.6
gms. of MD. Same was seized under panchanama. The accused were
placed under arrest and FIR was register.
3.

The present applicant/accused has sought bail on the grounds
that he has been falsely implicated in this case and the quantity
recovered from the applicant is 5.3 gms. of MD, which is noncommercial quantity and therefore bar u/sec. 37 of NDPS Act is not
attracted. There is non-compliance of sec. 42(2) of NDPS Act. Applicant
is a permanent resident of Mumbai and he undertakes to abide by any
terms and condition as this Court may deem fit. Hence he prayed for
releasing him on bail.

4.

Application is opposed by the respondent by filing reply vide
Exh.2. It is submitted that applicant/accused was apprehended with 5.3
gms. of MD. Similarly, co-accused were also arrested and contraband
MD has been recovered from each of them. Thus, they hatched
conspiracy with each other and committed offence. Hence sec. 29 of
the NDPS Act is invoked. If applicant is released on bail, he may indulge
in similar kind of offence. He is also likely to abscond and may not be
available for trial. Hence application be rejected.
5.

Perused application and say. Heard both sides.

6.

It is submitted on behalf of applicant that allegedly 5.3 gms. of
MD is recovered from the applicant. Said quantity is non-commercial
quantity and bar of Sec. 37 of NDPS Act is not applicable to grant bail.
The present applicant has no criminal antecedents. As against this, it is
submitted by Ld. APP that all the accused were arrested together with
certain amount of contraband MD. Thus, they are dealing in business
of sale and purchase of MD and hence they are not entitled to grant of
bail. Hence bail application be rejected.
7.

Now, upon inspection of documents, it revealed that on the basis
of specific information received, when raid was effected, present
applicant was apprehended and 5.3 gms. of MD was recovered from his
possession. Similarly, other accused were also apprehended with him
and contraband MD was recovered from each of them, which came to
be seized under panchanama.
8.

Now, admittedly the alleged recovery of contraband MD from
each of the accused falls under category of non-commercial quantity
and therefore, stringent provisions of sec. 37 of NDPS Act would not
apply. Thought prosecution claimed that all accused acted in conspiracy
and hence sec.29 of the NDPS Act is invoked, at this stage there is no
prima-facie evidence placed on record by the prosecution showing that
all the accused hatched conspiracy with each other in commission of
offence.
9.

Further recovery has been completed and nothing is remained to
be recovered. As submitted on behalf of applicant, he is permanent
resident of Mumbai and he has no criminal antecedents. Also, he is
ready to abide by all the terms and conditions imposed by the Court.
Hence I hold that applicant is entitled to be released on bail. Hence I
proceed to pass following order :
ORDER
1. Bail Application no. 818/2022 is hereby allowed.
2. Applicant/accused Asif Abdul Rahman Shaikh be released in C.R. No.
277/2022 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 Dharavi Police Station on every
Monday between 1.00 p.m. to 4.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile numbers and correct address of residence along with
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
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. 818/2022 is disposed off.

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

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