BA 351.24
1
MHCC020024872024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 351/2024
IN
C. R. NO. 199 OF 2024
Faiyaz Nazir Ahmed Qureshi
Age : 42 years, Occ.: Service
R/o : R. No.704, E-wing,
7th floor, J.J. colony,
Near Telephone Exchange,
K.C. Marg, Bandra (W),
Mumbai – 400 050.

… Applicant/accused no.1
V/s.
The State of Maharashtra
(Bandra Police Station)
… Respondent
Appearance :Mr. Husen Shaikh, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
26.02.2024
ORDER
The instant application has been filed by the applicant
Faiyaz Nazir Ahmed Qureshi under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in connection with Crime No.
199/2024 registered under Sections 8 (c) r/w 20(b) & 29 of the
BA 351.24
2
Narcotic Drugs and Psychotropic Substances Act, 1985 registered with
Bandra Police Station, Mumbai.
2.

In short, according to the applicant, he has not committed
any crime and he has been falsely arrested in this case. He is permanent
resident of Mumbai having deep roots in the Society. He is ready to
furnish surety as directed by this Court and abide by conditions of bail
bonds. Police have not complied with necessary provisions of Sec. 42
of the NDPS Act. Therefore, the applicant may be released on bail.
3.

This application has been objected by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 04.02.2024
while the complainant alongwith police staff were on patrolling duty ,
they found accused no.1 possessing 560 gms. Ganja and accused no.2
possessing 600 gms. Ganja. Said contraband came to be seized under
panchanama and both the accused were arrested. The applicant is
having criminal antecedent of nine crimes. If the applicant is released
on bail, he may tamper with prosecution witnesses and may abscond.
Therefore, bail application may be rejected.
4.

Learned counsel, Mr. Husen Shaikh for the applicant
submits that the applicant has not committed any crime and he has
been falsely implicated in this case. The applicant has no antecedent of
involvement of any crime under NDPS Act. Therefore, the applicant
may be released on bail. The applicant is having deep roots in the
society and ready to furnish surety and abide by conditions of the bail
bonds. Therefore, the applicant may be released on bail.
5.

On the other hand, learned APP Mr. Shankar Erande
BA 351.24
3
submitted that the applicant has committed serious crime. Applicant is
having criminal antecedent. If the applicant is released on bail, he may
abscond, tamper with prosecution evidence, and pressure witnesses.
Therefore the bail application may be rejected.
6.

Considering the submissions from both sides and nature of
offence which is not pertaining to commercial quantity under NDPS Act
and since it appears that the applicant is well rooted in the Society, I
think it proper to release the applicant on bail. Though nine crimes
are reported to be registered against the applicant, none of the crime is
registered under the provisions of NDPS Act. Therefore, in my opinion,
it would not be sufficient to deny the applicant’s bail. Hence, I proceed
to pass the following order.
ORDER
1. Bail Application No. 351/2024 is hereby allowed.
2. The applicant, Faiyaz Nazir Ahmed Qureshi, arrested in Crime
Number 199/2024 registered under Sections 8(c) read with Section
20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 at Bandra Police Station, Mumbai, shall be released on bail upon
executing a personal bond of Rs. 60,000/-
and one or two solvent
sureties of the like amount, on the following conditions:
a. The applicant/accused is directed to report to Bandra Police Station
every Sunday between 10.00 a.m. to 11.00 a.m., till filling of the final
report without fail.
b. The applicant/accused is prohibited from leaving the jurisdiction of
BA 351.24
4
Mumbai without explicit permission from the investigating officer or the
Court.
c. The applicant/accused is strictly prohibited from making any form of
contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
any evidence or documents related to the case.
d. The applicant/accused must maintain a stable residence at his
current address in Bandra, Mumbai and is required to inform the court
and the investigating officer of any change in his residential address.
The applicant/accused shall furnish his active mobile numbers to the
Investigating Officer and shall also immediately report any change in
his mobile numbers.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if he does not possess any
passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
BA 351.24
5
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
3.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.

Date : 26.02.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 26.02.2024
: 27.02.2024
: 29.02.2024
: 01.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
01.03.2024
TIME
NAME OF STENOGRAPHER
04.45 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
26.02.2024
Judgment/order uploaded on
01.03.2024
01.03.2024