IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 730 OF 2022
IN
C. R. NO. 102 OF 2022
Irfan Parvez Qureshi
Age : 19 yrs.,
R/o : Plot no.63, NCC gate – 7,
Nr. Imam Husan Masjid,
Malvani, Malad (W),
Mumbai – 400 095.
…Applicant
V/s.
The State of Maharashtra
Malvani Police Station
…Respondent
Appearance :Mr. Jitendra S., Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 25th April, 2022
ORDER
The applicant/accused Irfan Parvez Qureshi has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
17.03.2022 by Malvani police Station in C.R. No. 102/2022 for offence
punishable u/sec. 8(c) r/w 20 of NDPS Act.
2.

As per the case of the prosecution on 17.03.2022
13.30 hrs. the offices of respondent
were
at around
searching wanted and
absconding accused. When they reached behind Rosmary School near
public toilet, plot no.68, cross lane, NCC gate no.8, Malvani, Malad
(W), Mumbai, they found one person in suspicious condition and was
selling something. Therefore officer of respondent proceeded towards
spot and found the applicant with 520 gms. Ganja. Said contraband
came to be seized under panchanama by following necessary procedure
and applicant was placed under arrest on 17.3.2022.

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3.

The present applicant/accused has sought bail on the grounds
that he is innocent and falsely implicated in this case. The contraband
allegedly recovered from applicant falls under small quantity. Hence
Sec. 37 of NDPS Act is not applicable to the applicant. The applicant is
permanent resident of Mumbai and is not likely to abscond. Hence he
prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is contended
that investigation is in progress. If accused is released on bail he may
not be available for trial and he may indulge in same kind of offence.
Hence application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that whilst on patrolling duty officers of Malvani Police Station
apprehended accused with possession of 520 gms. of Ganja, which came
to be seized under panchanama. Now, the quantity of contraband
recovered from the applicant is small quantity and punishment
prescribed to the said offence is upto one year. Hence
stringent
provisions of Sec. 37 of NDPS Act are not applicable.
6.

Prosecution opposed the application on the ground that
investigation is in progress and charge-sheet is yet to be filed against
accused. However, this is not ground to deny the bail. Already recovery
is completed and nothing is remained to be recovered. Further it is
submitted on behalf of the applicant that applicant has no criminal
antecedents. Further more, applicant has a permanent address in the
Mumbai and he is not likely to abscond.
7.

Further, applicant is ready to abide by any conditions imposed by
the Court. No purpose will be served by keeping the applicant in the
custody. Hence I hold that application deserves to be allowed and
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applicant is entitled to be released on bail. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 730/2022 is hereby allowed.
2. Applicant/accused Irfan Parvez Qureshi be released in C.R. No.
102/2022 on executing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand
only) with one surety in the like amount.
3. Applicant/accused to attend the Malvani Police Station on every
Thursday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his surety 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 co-operate 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. 15,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 730/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 25.04.2022
Dictated on
Transcribed on
Signed on
: 25.04.2022
: 25.04.2022
: 25.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
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UPLOAD DATE
26.4.2022
TIME
NAME OF STENOGRAPHER
11.00 a.m.

Mrs. S. W. Tuscano
Name of the Judge
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
25.04.2022
25.04.2022
26.04.2022