IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 885 OF 2022
IN
C. R. No. 47/2022
Bashir Mohd. Saudagar Usman Gani
Age : 41 yrs.,
R/o : Taslim Khan Chawl,
Nargis Datta Nagar,
Opp. MTNL Tel. Exchange,
Bandra (W), Mumbai – 400 050.
…Applicant/Accused
V/s.
The State of Maharashtra
ANC, Bandra Unit.
…Respondent
Appearance :Mr. Gorakh, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 2nd May, 2022
ORDER
The present application for grant of bail has been filed by accused
Bashir Mohd. Saudagar Usman Gani u/sec. 439 of Cr.P.C., who has been
arrested by the officers of respondent on 8.4.2022 for violation of
offences punishable u/sec. 8(c) r/w 22 of NDPS Act, 1985 in C.R. No.
47/2022.
2.

It is the case of prosecution that on 8.4.2022 at 16.10 hrs., the
officers of respondent along with the raiding material had gone on a
patrolling duty. When they reached near fire brigade, Lalmatti, Bandra
(W), they noticed one person in a suspicious condition having red bag
in his hand. Hence he was apprehended. On enquiry he told his name
as Bashir Mohd. Saudagar Usman Gani i.e. present applicant.

On
further enquiry, he stated that he is possessing MD in the said bag.
Hence said bag was searched, where officers recovered 20 gms. of MD.
Said contraband was seized under panchanama. FIR came to be
registered against the accused.
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 20 gms. of MD, which is noncommercial quantity and therefore bar u/sec. 37 of NDPS Act is not
attracted.

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 say vide Exh.2.

It is submitted that applicant/accused was apprehended with 20 gms. of
MD. During investigation it was revealed that the applicant is doing
business of MD in the area of Bandra Reclamation.

If applicant is
released on bail, he may indulge in similar kind of activities. He is also
is 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 20 gms. of MD is
recovered at the instance of 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
the
recovery
made
from
the
applicant/accused is an intermediate quantity and offence is punishable
with imprisonment upto 10 years. Further during investigation it was
revealed that the applicant is dealing in the business of sale and
purchase of contraband MD. Hence bail application be rejected.
7.

Now, upon inspection of documents, it revealed that whilst on
patrolling duty, the officers of respondent reached near fire brigade,
Lalmatti, Bandra (W), where they noticed present applicant in a
suspicious condition having red bag in his hand. During search, they
found 20 gms. of MD in his possession, which
was seized under
panchanama.
8.

As stated above, applicant was apprehended with 20 gms. of MD
which is non-commercial quantity and therefore, stringent provisions of
Sec. 37 of NDPS Act would not apply. Further as submitted on behalf of
applicant, he is permanent resident of India and he has no criminal
antecedents.

Recovery is completed and nothing is remained to be
recovered. So far as apprehension of the
prosecution regarding
absconding and indulging in similar kind of activities is concerned,
same can be taken care of by imposing necessary conditions. Applicant
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. 885/2022 is hereby allowed.
2. Applicant/accused Bashir Mohd. Saudagar Usman Gani be released in
C.R. No. 47/2022 on executing P. R. Bond of Rs.30,000/- (Rs. Thirty
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 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.30,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 885/2022 is disposed off.

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

Date : 02.05.2022
Dictated on
Transcribed on
Signed on
: 02.05.2022
: 02.05.2022
: 02.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.05.2022
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
02.05.2022
Judgment/order uploaded on
06.05.2022
02.05.2022