Cri.BA.No.662/2024
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IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.662 OF 2024
CNR NO.MHCC02-004276-2024
Gulam Mustafa Abdul Shaikh
.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Dindoshi Police
Station, vide C.R.No.201 of 2024.)

.. Respondent.

Advocate Mr. Akash Sharma for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
A.V. KHARKAR
(Court Room No.42)
DATE : 02nd April, 2024.
ORDER
1.

This is an application for bail by applicant/accused Gulam
Mustafa Abdul Shaikh who has been arrested by Dindoshi Police
Station in CR.No.201 of 2024, for the offence punishable under Section
8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic
Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 04.03.2024, during the
routine course of patrolling the police party saw the applicant. He was
standing besides the road. His movements were suspicion. He was
detained and panch witnesses were arranged.

He was searched in
presence of two panch witnesses. During his personal search 15 grams
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of MD was found and he has been prosecuted for violation of the NDPS
Act.
3.

The counsel for the accused has submitted that seized quantity is
a non commercial quantity and hence, bar of Section 37 of the NDPS
Act would not apply. Moreover, there is non compliance with the
statutory provisions regarding search and seizure. He is seeking bail.
4.

APP has submitted that the investigation is in progress and
considering the gravity of offence, bail may be rejected.
5.

Heard both the sides. Perused the say filed by the prosecution.

6.

The seized contraband is non commercial quantity. Hence, bar of
Section 37 of the NDPS Act would not apply. Considering the quantity
of contraband seized and that there are no criminal antecedents.
Therefore, there is no impediment to release the accused on bail.
Hence, the following order is passed:
Order
1.

Criminal Bail Application No.662 of 2024 is hereby allowed.

2.

Applicant/Accused Gulam Mustafa Abdul Shaikh, being accused
in CR.No.201 of 2024, registered with Dindoshi Police Station, for the
offence punishable under Section 8(c) read with Section 22(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, be released on
furnishing solvent surety and P.R. bond of Rs.50,000/- (Rupees Fifty
Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addresses,
if any.

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4.

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The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with Dindoshi Police Station, on every Tuesday
and Thursday between 11.00 a.m. and 4.00 p.m., until further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Criminal Bail Application No.662 of 2024 is disposed off.

Date : 02.04.2024
Dictated on
: 02.04.2024
Transcribed on : 02.04.2024
HHJ signed on : 02.02.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.04.2024/11.35 a.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 02.04.2024
ORDER
JUDGMENT/ORDER signed by P.O. on
02.04.2024
JUDGMENT/ORDER uploaded on
03.04.2024