BA 741/2023
..1..
Presented on
Registered on
Decided on
Duration
: 25.08.2023
: 25.08.2023
: 30.09.2023
: 01 month, 06 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 741 OF 2023
IN
C. R. NO. 265/2023
Dawood Fazaluddin Tambe
Age : 46 years, Occu. : Labour,
R/o : Plot no. 43/T/1,
Road No.6, Near Al-Mukaddas Masjid,
Shivaji Nagar, Govandi,
Mumbai – 400 043.
V/s.
State of Maharashtra
(Through Deonar Police Station
in Crime No.265 of 2023)
… Applicant/accused no.3
… Respondent
Appearance :Mr. S. R. Patil, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
30.09.2023
ORDER
This is an application filed by applicant/accused no.3 Dawood Fazaluddin Tambe for grant of bail under Section 439 of Code
of Criminal Procedure,1860 in C. R. No. 265/2023 registered at Deonar
Police Station for offence punishable under sections 8(c) r/w Sec.22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(For short, “the NDPS Act”). Perused bail application and say filed by
the Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Mr. S. R. Patil for the applicant and
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learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that Informant PC Hanmant
Godase, PI Mulani, PSI Raju Salunkhe, HC Chachar, PC Bachute, PC
Chavan and PC Patil were discharging their patrolling duty for all-out
operation as per directions of senior officers for taking anti narcotic
action during intervening night between 24.06.2023 and 25.06.2023.
They found a person in suspicious condition near New Bhimnagar
Transit Camp, Line No.A, in front of Room No.4, Govandi Mumbai – 43
at 23:15 hours on 24.06.2023. He was having a white sack in his hand.
As it was felt necessary to search the white sack with that person, PSI
Raju Salunkhe called PI Mulani to the spot. Accused no.1 was
apprehended. The informant brought raiding material and two panchas
to the spot. Then, the procedure laid down by law was followed and PI
Mulani took search of the white sack in custody of accused no.1. 96
cough syrup bottles containing Chlorpheniramine Maleate and Codeine
Phosphate Syrup 100 ml each were found. Each bottle was containing
10 mg.

Codeine Phosphate. There was total 960 mg. Codeine
Phosphate in all these bottles. Then, the offence was registered against
accused no.1 and he was placed under arrest. In the course of
investigation, accused no.2 – Abdul Subhan Hazarali Shaikh was
apprehended and arrested on 27.06.2023. Two mobile phones with sim
cards were seized during his personal search.

It has come in the
statement of accused no.1 that accused no.2 procured seized
contraband from accused Abdul, resident of Bihar. Accused Abdul had
sent contraband through courier and accused no.2 had transferred Rs.
40,000/- to the account of accused Abdul maintained with Axis Bank
through ATM machine. Accused no.1 made disclosure statement and
took out one mobile phone as per disclosure statement. Accused no.1
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used to contact accused Abdul by using the seized mobile. CDR & SDR
details were obtained and further investigation was in progress. It is
contention of prosecution that accused no.2 Abdul subhan used to
supply cough syrup bottles to accused no.1 Mohd. Asif through the
present applicant/accused no.3. Therefore, the applicant/accused no.3
came to arrested in the present crime.
4.

The applicant is seeking bail on the grounds that the
applicant is falsely implicated. Nothing is recovered from him. Bar of
sec. 37 of the NDPS Act is not attracted. Investigation is almost over.
He has been thoroughly interrogated. He is not connected with the
recovered contraband. There is no likelihood of the trial to proceed in
the near future. He prayed for bail.
5.

Ld. Counsel, Mr. S. R. Patil for the applicant narrated
prosecution version and grounds of bail. Accused no.1 and 2 have been
released on bail by this court. No contraband is found in possesion of
accused no.2 and 3. There is no recovery at the instance of accused
no.3. One offence is registered. Ground of parity is available to the
applicant. He prayed for bail to the applicant.
6.

Ld. APP Mr. Shankar Erande for the State submitted that
there are three accused involved in the present crime. Recovery of
contraband is made from accused no.1. Accused no.1 revealed name of
accused no.2. Accused no.2 stated about name of accused no.3/present
applicant. Mobile of accused no.3 is seized. Accused no.1 to 3 are in
contact with each other. Accused no.2 had received amount of
Rs.40,000/-. Section 29 of the NDPS Act is attracted. Investigation is in
progress. Commercial quantity of contraband is seized. Offence is
serious. The accused is supplier. The accused may turn absconding. He
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prayed for rejection of the bail application.
7.

Considering rival submissions and material on record, it
appears that reference of present applicant in the statement of accused
no.2 made the investigating officer to arrest him. Mobile phone is
recovered from the applicant. Statement of co-accused is not admissible
to connect the applicant with the present crime. So far as other
evidence is concerned, it is matter of appreciation during trial.
Contraband is not recovered from the applicant. Accused no.1 and 2 are
released on bail as per bail orders on B.A. No.636/2023 and
B.A.No.594/2023. Ground of parity is available to the present applicant.
The accused is local resident and he does not have any criminal
antecedents. Presence of the applicant can be secured for investigation
and trial purpose. He can be released on bail by imposing stringent
conditions. Hence, I pass following order :ORDER
1.

Bail Application No. 741/2023 is hereby allowed.

2.

Applicant/accused
Dawood
Fazaluddin
Tambe
arrested
in
connection with C. R. No. 265/2023 registered at Deonar Police
Station for offence punishable under sections 8(c) r/w Sec.22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 be released on executing P. R. Bond of Rs.50,000/- (Rs. Fifty
Thousand only) with one or more sureties in the like amount on
following conditions :(i)
The applicant shall attend Deonar Police Station, Mumbai on
every Monday during 10.00 a.m. to 2.00 p.m. till filing of the
charge-sheet from the date of this order for investigation
purpose of the present crime.

BA 741/2023
(ii)
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The applicant/accused and his sureties shall provide their
respective mobile numbers and correct addresses of their
residences alongwith names of two relatives with their
mobile numbers and addresses.

(iii)
The applicant/accused shall produce the proof of his
identity and proof of residence at the time of executing the
Bail Bond.

(iv)
The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence
while on bail.

3.

Application is disposed off accordingly.

Date : 30.09.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 30.09.2023
Transcribed on : 03.10.2023
Signed on
: 03.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
03.10.2023
TIME
NAME OF STENOGRAPHER
11.50 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
30.09.2023
03.10.2023
03.10.2023
BA 741/2023
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