Cri. BA No.1732/2022
..1..

in C.R. No.579/2022
MHCC020093952022
Presented on
Registered on
Decided on
Duration
: 14-07-2022
: 14-07-2022
: 03-08-2022
: 00 month, 19 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1732 OF 2022
IN
C.R. NO.579 OF 2022
Dastagir Mohammad Ali Sayyad
Aged : 23 years, Occ: Labour
R/at: R.no. 17 Galli No.5 Kadariya Nagar,
P.L. Lokhande Marg,Chembur, Mumbai.

)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Tilak Nagar police
station Mumbai vide C.R. No.579/2022 )
)
)
) .. Respondent/Prosecution
Appearance :
Ld. Adv. B.M. Choure, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 03/08/2022
ORAL ORDER
This is an application for releasing applicant/accused
Dastagir Mohammad Ali Sayyad on bail.

Cri. BA No.1732/2022
2.

..2..

in C.R. No.579/2022
Applicant/accused submits that, he was arrested in Crime
No.579/2022 by police station Tilak Nagar on 04.07.2022 for an
offence punishable under section 8(c) r/w section 22 of the NDPS Act,
1985.
3.

Applicant/accused submits that, it is alleged by prosecution
that, he was found in possession of 83 bottles of Chlorpheniramine
Maleate and Codeine Phosphate syrup. Each bottles containing 100 ml
syrup and therefore, aforesaid offence was registered against him and
he was arrested.
4.

Applicant/accused submits that, he is not concerned with
this offence. He has been falsely implicated by police. Phensirest is
active cough syrup available in open market. Codeine that is 3-0methylmorphine is at serial no.28 in specification of the small and
commercial quantity of narcotic drug or psychotropic substances. S.O.
1055(E) dated 19.10.2001, it is different from codeine phosphate.
Central Government notified for medical and scientific concentration of
codeine phosphate, it is not more than 2.5% and therefore, he is
entitled to be released on bail.
5.

He submits that, he is ready to abide by all conditions those
may be imposed by this Court. He is ready to furnish surety. He prayed
accordingly.
6.

Prosecution resisted this application by filing report of
Investigating Officer countersigned by Ld. Additional Public Prosecutor
Shri. P.J. Tarange on the grounds mentioned therein.

Cri. BA No.1732/2022
7.

..3..

in C.R. No.579/2022
I have heard both sides. It appears 83 bottles of
Chlorpheniramine Maleate and Codeine Phosphate syrup, each bottles
containing 100 ml syrup were seized from applicant/accused. That
means commercial quantity of contraband was seized from him and
hence, bar of section 37 of the NDPS Act will be applicable in this case.
Therefore, applicant/accused failed to make out the case for grant of
bail.

Discretion cannot be exercised in favour of applicant/accused.

Hence, I pass following order.
ORDER
1. Criminal Bail Application No.1732/2022 in C.R No.579/2022, is
rejected.
2. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.08.03
17:52:44 +0530
Date : 03/08/2022.

Dictated on
Typed on
Signed on
: 03/08/2022
: 03/08/2022
: 03/08/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1732/2022
..4..

in C.R. No.579/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
03.08.2022
TIME
NAME OF STENOGRAPHER
05.52 p.m.

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

03/08/2022
Judgment/order signed by P.O on
03/08/2022
Judgment/order uploaded on
03/08/2022