BA 1965/2022
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IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 1965 OF 2022
IN
C. R. NO. 904/2022
Hussain Mohd. Ubaid Khan
Age : 34 yrs.
R/o : R. No.10, Bainganwadi,
Transit Camp Zopadpatti,
Govandi, Mumbai.

…Applicant
V/s.
The State of Maharashtra
( Deonar Police Station)
Appearance :­
Ms. Yadav, Adv. for applicant/accused.
Ms. Parmar, APP for respondent/State.

…Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE : 13th September 2022
ORDER
The present application has been filed by applicant/accused
Hussain Mohd. Ubaid Khan for grant of bail u/sec. 439 of Cr.P.C., who
has been arrested on 6.8.2022 by the officers of respondent for
commission of offence punishable u/secs. 8(c) & 22 of the NDPS Act
1985 vide their C.R. No.904/2022.
2.

It is the case of prosecution that on 6.8.2022, under instructions
of in­charge PI Salunkhe, a team of sleuths which was to be led by PI
Bangar was formed. The team was instructed to patrol their jurisdiction
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and investigate matters relating to sale or consumption of drugs and
look for wanted criminals. After completing necessary procedure, said
team reached Transit Camp Slum, opposite Crematorium, Bainganwadi,
Govandi, Mumbai – 43, where they spotted a man standing with a black
sack bag standing suspiciously as waiting for someone. Hence officers
apprehended him. As he was unable to provide satisfactory answers,
two panchas were called and after completing necessary procedure,
search of bag was conducted, which resulted in 9 bottles of Phensikof
Cough Lingtus cough syrup containing 10 mg. of codeine phosphate per
bottle. Said contraband was seized under panchanama and accused
came to be arrested.
3.

The applicant has sought bail on the grounds that applicant is
innocent and he is permanent resident of Govandi. Applicant is a sole
bread­winner of the family. The contraband allegedly recovered from
the applicant falls under non­commercial quantity and hence bar of sec.
37 of NDPS Act does not apply. No useful purpose will be served by
detaining the applicant in judicial custody. Applicant is ready and
willing to abide by all the terms and conditions as may be imposed by
the Court. Hence he prayed for grant of bail.
4.

Application is opposed by the respondent by filing say. It is
submitted that while performing patrolling duty, officers found
applicant in a suspicious manner, waiting for someone. Hence he was
apprehended. As he was unable to provide satisfactory answers, two
panchas were called and after completing necessary procedure, search
of the bag possessed by applicant was conducted and officers recovered
9 bottles of Phensikof Cough Lingtus cough syrup containing 10 mg. of
codeine phosphate per bottle. Said contraband was seized under
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panchanama. If applicant is granted bail, he may indulge in similar kind
of offence. Hence application be rejected.
5.

Perused application and say. Heard Ld. Advocate for applicant
and Ld. APP for State.
6.

From inspection of documents, it is revealed that while
performing patrolling duty, applicant was apprehended with 9 bottles of
Phensikof Cough Lingtus cough syrup containing 10 mg. of codeine
phosphate per bottle. As submitted by the applicant, as per schedule
appended to the NDPS Act, small quantity for Codeine is provided at
Entry 28, which is 10 gms. and commercial quantity is 1 kg. i.e. 1000
gms.

It is pertinent to note that applicant was allegedly
found in
possession of 9 bottles of Phensikof Cough Lingtus cough syrup i.e. 900
gms. of Codeine as per case of prosecution, which is 100 gms. less than
the commercial quantity specified in the Entry 28 of scheduled
appended to the Act. Thus, the seized contraband does not falls under
category of commercial quantity and rigors under sec. 37 of NDPS Act
are not attracted.
7.

It is submitted on behalf of applicant that he is permanent
resident of Govandi and he is not likely to abscond. The applicant is
ready to abide by all the terms and conditions imposed by the Court.
There are no criminal antecedents to the discredit of the applicant. No
purpose will be served by keeping applicant behind the bars. Hence, I
hold that applicant is entitled to grant of bail. In the result, I proceed to
pass the following order.
ORDER
1. Bail Application No. 1965 of 2022 is hereby allowed.

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2. Applicant/accused Hussain Mohd. Ubaid Khan in C.R.
No. 904/2022 of Deonar Police Station be released on
executing P. R. Bond of Rs.30,000/­ (Rs. Thirty Thousand
only) with one or two sureties in the like amount.
3. Applicant/accused to attend Deonar Police Station on
every Monday between 03.00 p.m. to 5.00 p.m. till filing of
charge­sheet.
4. Applicant/accused and his sureties shall provide their
respective mobile numbers and correct address of residence
alongwith names of two relatives with their mobile
numbers and addresses.
5. Applicant/accused shall produce the proof of his identity
and proof of residence at the time of executing the bail
bond.
6. Applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and shall co­operate in
early disposal of trial.
7. Applicant/accused shall not commit similar offence while
on bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence,
permission granted to furnish provisional cash bail of
Rs.30,000/­ for period of eight weeks.
9. Accordingly, B.A. No. 1965/2022 is disposed off.
VAIBHAV
VILASRAO
PATIL
(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 13.09.2022
Dictated on
Transcribed on
Signed on
Digitally signed by
VAIBHAV VILASRAO
PATIL
Date: 2022.09.19
15:09:04 +0530
: 13.09.2022
: 17.09.2022
: 17.09.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
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19.9.2022
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3.15 p.m.

Name of the Judge
Mrs. S. W. Tuscano
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O. on
Judgment/order uploaded on
13.09.2022
17.09.2022
19.09.2022