CRI.BA.No.1740/2023
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MHCC020107872023
Presented on
Registered on
Decided on
Duration
: 19-07-2023
: 19-07-2023
: 10-08-2023
: 0 years, 0 months, 22 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.1740 OF 2023
1. Jishanali Mohammd Rafiq Shaikh
Age-35 years, Occ.-Delivery Boy,
Add.-Room No.1, A/42, Infront of Deonar
Abattoir, Govandi (W), Mumbai-400 043.
2. Mohammad Jahid Rashid Qureshi
Age-29, Occ.-Delivery Boy,
Add.-Room No.8, H Line Road No.3,
Near Umar Masjid, Shivajinagar,
Mumbai-400 043.

.. Applicant/Accused
Nos.1 and 2.

VERSUS
The State of Maharashtra
(at the instance of Mahim Police
Station, vide CR.No.378 of 2023.)

.. Respondent.

Advocate Mr. Kiran Gogavale for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 10th August, 2023.
1.

ORDER
This is an application for bail by applicant/accused No.1
Jishanali Mohammed Rafiq Shaikh and applicant/accused no.2
CRI.BA.No.1740/2023
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Mohammad Jahid Rashid Qureshi who have been arrested by the
officers of Mahim Police Station in C.R.No.378 of 2023, for the offence
punishable under Section 8(c) read with Section 21(b) of the Narcotic
Drugs and Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is that on 09.07.2023, during the
routine course of patrolling the police party saw the applicants moving
suspiciously behind a Darga along the Mahim Sea front. They were
stopped and searched.

During their search, 10 grams of MD was
recovered from the applicant no.1 and 5 grams of MD was recovered
from the accused no.2 and they have 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.1740 of 2023 is hereby allowed.

CRI.BA.No.1740/2023
2.

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Applicant/Accused No.1 Jishanali Mohammed Rafiq Shaikh and
applicant/ accused no.2 Mohammad Jahid Rashid Qureshi being
accused in CR.No.378 of 2023, registered with Mahim Police Station
for the offence punishable under Section 8(c) read with Section 21(b)
of the Narcotic Drugs and Psychotropic Substances Act, 1985, be
released on furnishing solvent surety and P.R. bond of Rs.50,000/- each
(Rupees Fifty Thousand Only).
3.

The applicant/accused Nos.1 and 2 and their sureties shall
provide their respective residential addresses, mobile numbers and
email address, if any.
4.

The applicant/accused Nos.1 and 2 shall not tamper with
evidence or offer inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused Nos.1 and 2 does not flee,
they are required to mark their presence with Mahim Police Station on
every Monday and Thursday between 11.00 a.m. and 4.00 p.m., until
further order.
6.

Prior to their release, the applicant/accused Nos.1 and 2 shall
furnish their residential proof and deposit Passport, if any, with
Investigating Officer under intimation to this Court.
7.

The applicant/accused Nos.1 and 2 shall not commit offence of
similar nature.
8.

Criminal Bail Application No.1740 of 2023 is disposed off.
AMIT V
KHARKAR
Date : 10.08.2023
Dictated on
: 10.08.2023
Transcribed on : 11.08.2023
HHJ signed on : 11.08.2023
Digitally signed by
AMIT V KHARKAR
Date: 2023.08.11
17:40:24 +0530
(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.”
11.08.2023/ 5.39 p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 10.08.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
11.08.2023
JUDGMENT/ORDER uploaded on
11.08.2023