NDPS BA No.687/2023
..1..

in NDPS RA No.978/2023
MHCC020120932023
Presented on
: 11-08-2023
Registered on : 11-08-2023
Decided on
: 11-09-2023
Duration
: 01 Months.

IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.687 OF 2023
IN
NDPS REMAND APPLICATION NO.978 OF 2023
Javed Mohammad Shaikh
)
Age : 28 years, Occ: )
R/at : Jay Ambika Nagar, Sunderbag, )
Ghatkopar (West), Mumbai.
) .. Applicant/Accused No.1
V/s.
The State of Maharashtra
(At the instance of Ghatkopar police
station Mumbai, vide Spl. LAC/C.R.
No.254/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Gorakh Liman, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 11/09/2023
NDPS BA No.687/2023
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in NDPS RA No.978/2023
ORAL ORDER
This is an application taken out by applicant/accused Javed
Mohammad Shaikh under section 439 of Code of Criminal Procedure
for enlarging him on bail in Spl. LAC/C.R. No.254/2023 registered at
Ghakopar police station, Mumbai for the offences punishable under
section 8(c) r/w section 20 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 31/07/2023, 2 Kg Ganja was recovered from the
possession of the applicant/accused and applicant/accused disclosed
that, he procured same from the co-accused No.2. Nothing is recovered
from the co-accused. The quantity of contraband recovered from the
applicant/accused in the present crime is intermediate quantity.
Therefore, rigours of section 37 of NDPS Act are not attracted. The
applicant/accused is young and having no criminal antecedent.
Applicant/accused is permanent resident of Mumbai. Nothing needs to
be recovered from the applicant/accused. Investigation is almost
completed. 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.

NDPS BA No.687/2023
4.

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in NDPS RA No.978/2023
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 20(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
applicant/accused 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 31/07/2023 and now nothing is to be recovered from the
applicant/accused. 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 just ground which necessitates
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 co-operate
NDPS BA No.687/2023
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in NDPS RA No.978/2023
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.687/2023 in NDPS RA No.978/2023,
is allowed.

2.

Applicant/accused Javed Mohammad Shaikh, be released on bail
in Spl. LAC/C.R. No.254/2023 for offence under section 8(c) r/w
section 20 and section 29 of NDPS Act, 1985 registered by
Ghatkopar 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.

NDPS BA No.687/2023
..5..

in NDPS RA No.978/2023
(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.687/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.09.13
11:53:38 +0530
Date : 11/09/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
11/09/2023
Transcribed on
:
11/09/2023
Checked on
:
11/09/2023
Signed on
:
12/09/2023
NDPS BA No.687/2023
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in NDPS RA No.978/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
13.09.2023
TIME
NAME OF STENOGRAPHER
11.51 a.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.

11/09/2023
Judgment/order signed by P.O
on
12/09/2023
Judgment/order uploaded on
13/09/2023