BA 283.24
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MHCC020019302024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 283/2024
IN
C. R. NO. 101 OF 2024
Fatema Akram Sayyed
Age : 42 years, Occu. : Housewife
R/o : Jay Bhim Nagar,
Shivshakti Mitra Mandal,
Aarey Road, Powai,
Mumbai – 400 087.
V/s.
The State of Maharashtra
(Powai Police Station)
… Applicant/accused no.2
… Respondent
Appearance :Mr. Shaikh Jumman, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
17.02.2024
ORDER
The applicant Fatema Akram Sayyed, has filed the present
application under Section 439 of the Code of Criminal Procedure, 1973
for the grant of regular bail in relation to Crime No. 101/2024
registered under Sections 8(c) read with 22(B), 27(A) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 with Powai
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Police Station.
2.

In short, according to the applicant she has not committed
any crime and she has been falsely implicated in this case. She is
housewife and having four children.

She is facing several medical
issues and recently she has under gone her surgery. The documents of
the same are annexed with the application. The police have recovered
Rs. 75,000/- from the purse of the applicant, which she received by
giving jewellery to her brother in law for mortgage purpose to get some
money for her treatment. The documents pertaining to the same are
annexed herewith. The applicant is having permanent place of abode.
She is ready to furnish surety and abide by the conditions of the bail
bonds. Therefore, she seeks release on bail.
3.

The application has been objected by the prosecution by
filing reply at Exh.2. It is contended that while police staff were on
patrolling duty on 23.01.2024, the accused no.1 was found in
suspicious condition. Therefore, he was detained and search was
conducted by following due procedure, wherein he was found in
possession of 10 gms. MD. Said contraband came to be seized under
panchanama.

Thereafter, accused no.1 lead the police party to his
residence where the applicant was found possessing 5 gms. MD and
cash of Rs. 75,000/-. Therefore, offence is registered against the
applicant and co-accused for illegally possessing contraband MD with
intention to sale and transport. Wanted accused Shoeb Khan @ Shoeb
Kanya is yet to be arrested. If the applicant/accused is released on bail,
she may help the absconding accused from getting arrested. Therefore,
the bail application may be rejected.
4.

Ld. counsel for the applicant submits that the applicant
has not committed any crime and she has been falsely implicated in the
present case. The contraband allegedly seized from the applicant is 5
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gms. MD, which is far less than the commercial quantity. The applicant
is a woman suffering from several medical issues and
recently
undergone surgery. Therefore, she is in need of immediate medical
care and treatment. Her antecedent is clear. She is having permanent
place of abode. She undertakes to furnish surety and abide by the
conditions of the bail bonds.

Ld. Counsel prayed for releasing the
applicant on bail.
5.

On the other hand, learned APP, Mr. Shankar Erande
submits that the applicant was found possessing 5 gms. MD. Accused
no.1 was found possessing 10 gms. MD. Wanted accused are yet to be
arrested. Investigation is ongoing. If the applicant is released on bail,
she may commit similar offence.

Considering the gravity of the
offence, bail application may be rejected.
6.

Considering the submissions of both sides and the fact that
the quantity allegedly recovered from the applicant and accused no.1
does not cross the limit of commercial quantity.

Accordingly, the
quantity recovered from the applicant is 5 gms. MD and that her search
was also taken by WPC Madwan, who is not an authorized person to
take search.

Therefore, in such circumstances, in my opinion, the
rigors of sec. 37 of the NDPS Act would not be applicable to the facts of
the present case. Further, considering the medical papers on record, it
appears that the applicant has undergone surgery. The applicant is a
lady having clear antecedent and appears to be well rooted in society.
Therefore, I think it proper to release the applicant on bail by putting
stringent conditions. Hence the order.
ORDER
1. Bail Application No. 283/2024 is hereby allowed.
2. The applicant/accused Fatema Akram Sayyed, arrested in Crime No.
101/2024, shall be released on bail upon executing a personal bond of
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Rs. Sixty Thousand, along with one or two solvent surety bond/bonds
of the said amount, to ensure her appearance at all required times
during the legal proceedings, subject to the following conditions:
a.

The applicant/accused is directed to report to Powai Police
Station every Sunday between 10.00 a.m. to 11.00 a.m., till filing of
final report without fail.
b.

The applicant/accused is prohibited from leaving the
jurisdiction
of
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
her current address in Powai, Mumbai, and is required to inform the
court and the investigating officer of any change in her residential
address. The accused shall furnish her active mobile number to the
Investigating Officer and shall also immediately report any change in
her mobile number.
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 her passport, if any,
before the Investigating Officer within a week and, if she does not
possess any passport, she 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.

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h. The applicant/accused must comply with all reasonable
directions made by law enforcement agencies or investigating officers
related to 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 her.
2.

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

Date : 17.02.2024
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)
: 17.02.2024
: 20.02.2024
: 20.02.2024
: 20.02.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
21.02.2024
TIME
NAME OF STENOGRAPHER
11.10 a.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
17.02.2024
Judgment/order uploaded on
21.02.2024
20.02.2024