NDPS BA No.667/2023
..1..

in NDPS RA No.963/2023
MHCC020118132023
Presented on
: 07-08-2023
Registered on : 07-08-2023
Decided on
: 02-09-2023
Duration
: 28 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.667 OF 2023
IN
NDPS REMAND APPLICATION NO.963 OF 2023
Jahind Iqbal Pathan (As per remand
application)
Zahid Iqbal Pathan (As per Aadhar card)
Age 27 years, Occ: R/at : Flat No. 43, 4th Floor, LBS Marg,
Near Goal Building, Kurla West,
Mumbai- 400070.

)
)
)
)
)
)
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra
(At the instance of Kurla police station
Mumbai,
vide
Spl.
LAC/C.R.
No.356/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Avdesh Kanojiya, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.667/2023
..2..

in NDPS RA No.963/2023
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 02/09/2023
ORAL ORDER
This is an application taken out by applicant/accused No.2
Jahind Iqbal Pathan (As per remand application) Zahid Iqbal Pathan
(As per Aadhar card) under section 439 of Code of Criminal Procedure
for enlarging him on bail in Spl. LAC/C.R. No.356/2023 registered at
Kurla police station, Mumbai for the offences punishable under section
8(c) r/w section 21(b) and section 29 of Narcotic Drug and
Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, reply of
the prosecution and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused. No
other bail application taken out by the applicant/accused in respect of
the present crime is pending in Hon’ble High Court or any superior
court. Learned Advocate for applicant/accused argued that, as per the
prosecution case on 29/07/2023, 8.52 gram Mephedrone (MD) was
recovered from the possession of the co-accused No.1. Therefore,
offence punishable under section 8(c) r/w section 21(b) and section 29
of NDPS Act, 1985 was registered against the co-accused No.1. During
the investigation the co-accused No.1 disclosed that, he had procured
the above contraband from wanted accused Akbar Ahmed Shafi Shaikh
@ Khau for sale. There is no recovery from applicant/accused or at the
instance of the present applicant/accused No.2. The quantity of
NDPS BA No.667/2023
..3..

in NDPS RA No.963/2023
contraband recovered from the co-accused No.1 in the present crime is
intermediate quantity. Therefore, rigours of section 37 of NDPS Act are
not attracted. Applicant/accused is permanent resident of Mumbai and
no criminal antecedents are attributed to him.

Applicant/accused is
ready to abide by all conditions which the court may impose. Therefore,
Ld. Advocate for the applicant/accused prayed that, applicant/accused
be released on bail.
4.

On the other hand, Ld. APP argued that, the offence alleged
is of serious nature. The applicant/accused may continue to commit
such offence if he is released on bail. The investigation is yet not
completed. Therefore, Ld. APP submitted that, bail application be
rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(b) and section 29 of NDPS Act, 1985.
The punishment provided for the above offence may extend to 10 years
and with fine which may extend to Rs. One lakh only. Admittedly, the
quantity of contraband alleged to be recovered from the co-accused
No.1 is non-commercial quantity and it is intermediate quantity. As such
the rigour of section 37 of NDPS Act is not applicable in present matter.
Moreover, it appears that, applicant/accused is in custody since
29/07/2023 and now nothing is to be recovered from
the
applicant/accused No.2. As such from the material on record it appears
that, investigation in respect of the applicant/accused is almost
completed.

It is
not the case of the
prosecution
that, the
applicant/accused is having any antecedents of committing offence of
similar nature. From the reply of the application there appear no any
NDPS BA No.667/2023
just
ground
which
..4..

necessitates
in NDPS RA No.963/2023
further
detention
of
the
applicant/accused.
6.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
7.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large. Therefore, there appear justifiable grounds for releasing
the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS Bail Application No.667/2023 in NDPS RA No.963/2023,
is allowed.

2.

Applicant/accused No.2 Jahind Iqbal Pathan (As per remand
NDPS BA No.667/2023
..5..

in NDPS RA No.963/2023
application) Zahid Iqbal Pathan (As per Aadhar card), be
released on bail in Spl. LAC/C.R. No.356/2023 for offence under
section 8(c) r/w section 21(b) and section 29 of NDPS Act, 1985
registered by Kurla police station on executing personal bond of
Rs.50,000/- only (Rs. Fifty thousand only) with one surety in like
amount on the following conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide there respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.667/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 02/09/2023.

Digitally signed
by KIRAN
PRAKASH
KSHIRSAGAR
Date: 2023.09.08
15:49:09 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
02/09/2023
Transcribed on
:
02/09/2023
Checked on
:
04/09/2023
Signed on
:
04/09/2023
NDPS BA No.667/2023
..6..

in NDPS RA No.963/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
08.09.2023
TIME
NAME OF STENOGRAPHER
03.47 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

02/09/2023
Judgment/order signed by P.O
on
04/09/2023
Judgment/order uploaded on
08/09/2023