CRI. BA No.842/2024
..1..

in Spl. LAC/C.R. No.267/2024
MHCC020053772024
Presented on
: 01-04-2024
Registered on : 01-04-2024
Decided on
: 05-04-2024
Duration
: 04 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.842 OF 2024
IN
SPECIAL LAC/C.R. NO.267 OF 2024
Asif Jabir Shaikh
)
Age : 34 years, Occ: )
R/at : 17th Floor, Kamal Khan Chawl, )
Imamwada Road, Mughal Masjid )
Mumbai-400 009.
) .. Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of L.T. Marg police
station Mumbai, vide Spl. LAC/C.R.
No.267/2024).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Deepa Amati, for applicant/accused.
Ld. APP Mr. P.J. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 05/04/2024
CRI. BA No.842/2024
..2..

in Spl. LAC/C.R. No.267/2024
ORAL ORDER
This is an application taken out by applicant/accused Asif
Jabir Shaikh under section 439 of Code of Criminal Procedure for
enlarging him on bail in Spl. LAC/C.R. No.267/2024 registered at L.T.
Marg 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.
the
Perused the application, documents filed therewith, reply of
prosecution
and
material
on
record.

Advocate
for
the
applicant/accused is absent and therefore, he could not be heard. Heard
argument advanced by Ld. 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 rejected by any
superior court. Learned Advocate for applicant/accused argued that, as
per the prosecution case on 24/03/2024 during patrolling the
applicant/accused was found in suspicious condition and during his
search 7 gram Mephedrone (MD) is alleged to be recovered from the
applicant/accused. Therefore, offence punishable under section 8(c)
r/w section 21(b) of NDPS Act, 1985 was registered against the
applicant/accused. The quantity of contraband recovered from the
applicant/accused in the present crime is intermediate quantity.
Therefore, rigours of section 37 of NDPS Act are not attracted.
Applicant/accused is permanent resident of Mumbai and no criminal
antecedents are attributed to him. The wife of the applicant/accused is
CRI. BA No.842/2024
..3..

in Spl. LAC/C.R. No.267/2024
pregnant and her delivery date is close. Applicant/accused is ready to
abide by all conditions which the court may impose. Therefore, Ld.
Advocate for the applicant/accused prayed that, applicant/accused be
released on bail.
4.
is
On the other hand, Ld. APP argued that, the offence alleged
of
serious
nature.

In
the
investigation
it
revealed
that,
applicant/accused was possessing same for the purpose of sale. The
applicant/accused may continue to commit such offence if he is released
on bail. The investigation is yet not completed. 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
the
applicant/accused is non-commercial quantity and it is intermediate
quantity. As such the rigour of section 37 of NDPS Act is not applicable
in present matter. Moreover, it appears that, applicant/accused is in
custody since 24/03/2024 and now nothing is to be recovered from
him. As such from the material on record it appears that, investigation
in respect of the applicant/accused is almost completed. It is not the
case of the prosecution that, the applicant/accused is having any
antecedents of committing offence of similar nature. From the reply of
the application there appear no any just ground which necessitates
further detention of the applicant/accused.

CRI. BA No.842/2024
6.

..4..

in Spl. LAC/C.R. No.267/2024
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 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 co-operate
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.842/2024 in Spl. LAC/C.R.
No.267/2024, is allowed.

2.

Applicant/accused Asif Jabir Shaikh, be released on bail in Spl.
LAC/C.R. No.267/2024 for offence under section 8(c) r/w
section 21(b) of NDPS Act, 1985 registered by L.T. Marg police
CRI. BA No.842/2024
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in Spl. LAC/C.R. No.267/2024
station 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 :
(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.

Bail be furnished before trial Court.

4.

Criminal
Bail
Application
No.842/2024
is
disposed
accordingly.
(Pronounced in open Court)
Date : 05/04/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
05/04/2024
Transcribed on
:
05/04/2024
Checked on
:
05/04/2024
Signed on
:
06/04/2024
of
CRI. BA No.842/2024
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in Spl. LAC/C.R. No.267/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
06.04.2024
TIME
NAME OF STENOGRAPHER
05.00 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

05.04.2024
Judgment/order signed by P.O
on
06.04.2024
Judgment/order uploaded on
06.04.2024