IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLN. NO. 987/2022
IN
C. R NO. 22/2022
Mehboob Aftab Khan
Age : 29 yrs.,
R/o : Kamala Raman Nagar,
Bhiangan Wadi, Plot No.33,
Govandi, Mumbai.
… Applicant/Accused no.3
V/s.
The State of Maharashtra
(Dongri Police Station)
… Respondent
Appearance :Mr. Kiran, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL(C.R.NO.44).
DATE
: 29th June, 2022
ORDER
This is an application filed by applicant/accused – Mehboob Aftab
Khan under section 439 of Cr.P.C. seeking bail in connection with C.R.
No. 22/2022 registered with Dongri Police Station for the offence
punishable u/sec. 8(c) and 22(c) & 29 of NDPS Act.
2.

As per the case of the prosecution on 15.4.2022 at about 8.00
hrs. the complainant namely HC Pawar and other staff of respondents
were on patrolling duty. At about 18.00 hrs., PI Byasthakur received
information about drug and he informed to other staff. According to
the information, they spotted taxi in suspicious manner near Ganesh
Mandir, Ganesh Chowk, Umarkhadi, Dongri, Mumbai.

There was
driver with another person in the taxi. Police recovered 22 boxes from
taxi containing 3168 bottles of Chlorpheniramine malate and Codeine
Phosphate syrup 100 ml. Then sample was taken and bottles were
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seized under panchanama in presence of panchas and FIR came to be
lodged against accused no.1 and 2.
3.

During investigation accused no.1 & 2 disclosed that such kind of
material is kept in the godown of V Transport at Keshvji Naik Raod.
Accordingly, raid was effected at godown and 7200 bottles containing
Codeine Phosphate were recovered. Accused no.1 & 2 also informed
that accused Mehboob Khan i.e present applicant would be coming to
said godown for enquiry of the said contraband on 21.4.2022.
Accordingly, they laid trap at the said spot. Present applicant came at
the spot. Thereafter they apprehended him and seized 4320 bottles
from the said place under panchanama.
4.

Applicant/accused has preferred present bail application on the
grounds that he has been falsely implicated in the present case.
Nothing incriminating material has been recovered from the possession
of the applicant. Name of the applicant is not in the information. The
alleged recovery seized on his statement does not liable for this
recovery. Applicant is neither owner nor supplier of the alleged
contraband. Applicant is having his permanent residence in Mumbai
and he shall not abscond. Applicant is ready to
abide by all the
conditions imposed by this Court. Hence he prayed for releasing him on
bail.
5.

The respondent/State strongly opposed the application by
submitting that on the basis of information, accused no.1 & 2 were
apprehended with 3168 bottles containing codeine phosphate. Further
on the statement given by them, 7200 bottles of Codeine Phosphate
came to be recovered from V Transport godown situated at Keshavji
Naik Road. Further, on the basis of statement given by accused no.1 &
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2, police laid the trap and apprehended present applicant, who came
to the godown and they recovered 4200 bottles of Codeine Phosphate.
Thus, investigation revealed that all the accused including present
applicant are involved in the illegal business of sale, purchase and
transport of bottles containing Codeine Phosphate. Since commercial
quantity of narcotic drug has been seized, stringent provisions of Sec.
37 of NDPS Act are applicable. If applicant is released on bail, he will
indulge in similar offence. He is also likely to abscond, if released on
bail. Hence respondent prayed for rejection of application.
6.

Perused application and say filed by Ld. APP. I have heard Ld.

APP and Ld. Adv. for applicant at length.
7.

It is argued by Ld. Adv. for the applicant that nothing is recovered
from the present applicant. He has been implicated in the present case
only on the statement of co-accused, which is not admissible in
evidence. The alleged contraband of 4300 bottles of codeine phosphate
are recovered from the godown and not from the possession of the
present applicant. Hence he cannot be connected with the said seizure.
In support of his submission, he placed reliance on the following
authorities :
i) Revatram Ratanchand Thakur V/s. State of Goa in Cri. Appeal No. 4
& 7 of 1994.
ii) Perveen Firoz Shaikh V/s. The State of Maharashtra I B. A. No.
445/2022.
iii) Noor Mohammed Shaikh V/s. NCB
& Anr. in Cri. Appln. No.

1617/2011.
I have gone through all the authorities and have applied the
ratio in the said authorities to the facts of the present case.

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8.

As against this, it is argued by Ld. APP that commercial quantity
of contraband has been recovered from the applicant and therefore bar
u/sec. 37 of the NDPS Act is applicable. Hence applicant is not entitled
to grant of bail.
9.

Now, the main ground for grant of bail is that no recovery is made
from or at the instance of the applicant. The alleged recovery seized on
his statement does not liable for this recovery. The applicant is not
connected with the seized bottles of Codeine Phosphate. However, upon
perusal of documents and reply filed by the respondent, it is revealed
that initially 3168 bottles were recovered from the accused no.1 & 2.
Further on the statement of accused no.1 & 2, 7200 bottles of Codeine
Phosphate came to be recovered from V Transport godown situated at
Keshavji Naik Road on 20.4.2022. During investigation, accused no.1 &
2 gave statement that person Mehboob Khan i.e. present applicant
would be coming to the godown for making inquiry about the
contraband. Accordingly trap was laid at the spot and present applicant
was apprehended when he came to the godown and 4320 bottles
containing
Codeine
Phosphate
were
seized
on
the
basis
of
memorandum statement given by present applicant. Thus, it can be
gathered that commercial quantity of contraband has been recovered at
the instance of the present applicant.

Therefore,
I do not find
substance in the submission made on behalf of the applicant that
nothing has been recovered from him.
10.

As stated above, huge quantity of contraband has been recovered
from all the accused, including present applicant. Prosecution claimed
that all the accused are involved in the illegal business of sale, purchase
and transport of Codeine Phosphate bottles. Further more, applicant
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could not offer explanation for possessing such stock of bottles
containing Codeine Phosphate. He could not produce valid receipts or
documents for possessing the said bottles. Admittedly, he is not the
person from the medical fraternity or having license to possess such
stock of bottles containing Codeine Phosphate. Therefore, prima-facie
there is substance in the case of the prosecution that applicant is
involved in illegal business of sale and purchase of Codeine Phosphate
bottles. Moreover, commercial quantity of Codeine Phosphate bottles
has been recovered from the applicant. Hence rigors u/sec. 37 of NDPS
Act are attracted.
11.

Considering the evidence on record, it cannot be said that there
are reasonable grounds to hold that applicant is not guilty of the offence
or that he is not likely to commit any offence while on bail. Hence I
hold that applicant is not entitled to grant of bail. Hence, I proceed to
pass following order.
ORDER
1. Bail application (NDPS) No.987 of 2022 stands rejected.
2. Accordingly Bail Application No. 987 of 2022 is disposed off.

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

Date : 29.06.2022
Dictated on
Transcribed on
Signed on
: 29.06.2022
: 29.06.2022
: 29.06.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
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04.07.2022
11.50 a.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
29.06.2022
Judgment/order uploaded on
04.07.2022
29.06.2022