Cri. BA No.1202/2022
..1..

in NDPS RA No.580/2022
MHCC020066542022
Presented on
Registered on
Decided on
Duration
: 19-05-2022
: 19-05-2022
: 20-06-2022
: 01 months, 01 day
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1202 OF 2022
IN
NDPS REMAND APPLICATION NO.580 OF 2022
Mehboob Lalsaheb Patel
) .. Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of ANC, Bandra Unit,
Mumbai vide C.R. No.94/2022 )
)
)
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Mr. Ayaz Khan, for the applicant/accused.
Ld. APP Mr. S. S. Panjwani, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 20/06/2022
ORAL ORDER
The applicant/accused Mehboob Lalsaheb Patel prays for
releasing him on bail.
2.

He submits that he was arrested by respondent on
11.05.2022. It is alleged by prosecution that, on 07.04.2022 applicant
and another accused Santosh Bhagwat Sonawane were intercepted by
Cri. BA No.1202/2022
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in NDPS RA No.580/2022
API Gaikwad and his staff members in the area of I-Max, Bhakti Park,
Wadala (East), Mumbai. It is further alleged that, 20 grams of
Mephedrone (MD) was seized from the applicant/accused and 25 grams
of Mephedrone (MD) was seized from the another accused Santosh
Bhagwat Sonawane.
3.

Applicant has been falsely implicated in this crime. Alleged
quantity of Mephedrone (MD) seized from the applicant/accused was
20 grams. It is lesser than commercial quantity and more than small
quantity.

Hence, rigours under section 37 of the NDPS Act are not
attracted. Even the total quantity found from both accused is not a
commercial quantity.

Applicant/accused is permanent resident of
Mumbai. He is ready and willing to abide by all conditions those may
be imposed by this Court. He prayed accordingly.
4.

Additional Public Prosecutor resisted this application by
filing its say on grounds mentioned therein.
5.

I have heard both sides. I have given thoughtful
consideration submission of both sides.
6.

Ld. Counsel appearing for the applicant/accused placed
relied upon the following case laws/orders.

(i)
Nikesh Tarachand Shah Vs. Union of India
(Supreme Court): Law Finder Doc Id #
933022.

(ii)
Basheer @ N.P. Basheer Vs. State of Kerala
(Supreme Court): Law Finder Doc Id # 67346.

(iii)
The order of the Hon’ble Bombay High Court in
Criminal Bail Application No.3624/2021 dated
28.10.2021 between Aryan Shah Rukh Khan
Cri. BA No.1202/2022
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in NDPS RA No.580/2022
Vs. The Union of India and Anr.
(iv)
The order of the Hon’ble Bombay High Court at
Goa, Panaji-Goa in Criminal Misc. Application
No.199/2006 dated 04.05.2006 between
Balchandra Shirodkar Vs. The Union of India.

(v)
The order of the Hon’ble Bombay High Court at
Nagpur Bench, Nagpur in Criminal Application
(BA) No.811/2018 dated 03.09.2018 between
Sk. Sohil Sk. Samir Vs. State of Maharashtra.

(vi)
The order of the Hon’ble Bombay High Court in
Criminal Bail Application No.3022/2018 dated
07.12.2018 between Ajaz Mohd. Shafi Khan
Vs. The State of Maharashtra.

(vii)
The order of the Hon’ble Bombay High Court at
Nagpur Bench, Nagpur in Criminal Application
(BA) No.498/2011 dated 28.09.2011 between
Ruksana w/o Ejajuddin Kazi Vs. The State of
Maharashtra.

(viii) The order of the Hon’ble Bombay High Court in
Bail
Application
No.2471/2021
dated
24.08.2021 between Harsh Shailesh Shah Vs.
The State of Maharashtra.
7.

The Ld. Additional Public Prosecutor relied upon the
judgment of Hon’ble Apex Court in Criminal Appeal No.448/2021
between Sudha Singh Vs. The State of Uttar Pradesh & Anr., dated
23.04.2021.
8.

In this case prosecution alleged that, 20 grams Mephedrone
(MD) was seized from the applicant/accused and 25 grams Mephedrone
(MD) was seized from another accused Santosh Bhagwat Sonawane
that means intermediate quantity of Mephedrone (MD) was seized from
the applicant/accused.

Even the total quantity seized from both
accused was less than commercial quantity. Therefore, rigours under
Cri. BA No.1202/2022
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in NDPS RA No.580/2022
section 37 of the NDPS Act are not attracted in this case. The maximum
punishment that can be awarded in this case is 10 years and fine. The
applicant/accused undertakes to abide by all conditions and make
himself available for investigation and trial.
solvent
surety
and
co-operate
in
the
He is ready to furnish
investigation.

In
these
circumstances, I think this is a fit case to exercise discretion in favour of
applicant. Hence, I pass following order.
ORDER
1. Criminal
Bail
Application
No.1202/2022
in
NDPS Remand
Application No.580/2022 in C.R. No.94/2022, is allowed.
2. Applicant/accused Mehboob Lalsaheb Patel, is released in C.R.
No.94/2022 on executing P. R. Bond of Rs.25,000/- (Rs. Twenty
Five Thousand only) with one or more solvent sureties in the like
amount, on following conditions.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and he shall appear before Trial Court
regularly.
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before the Investigating Officer once in a
week till filing of charge-sheet.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
VIJAY
GOVINDSINGH
RAGHUWANSHI
Date : 20/06/2022.

Dictated on
Typed on
Signed on
: 20/06/2022
: 21/06/2022
: 22/06/2022
Digitally signed
by VIJAY
GOVINDSINGH
RAGHUWANSHI
Date: 2022.06.23
11:32:17 +0530
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1202/2022
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in NDPS RA No.580/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
23.06.2022
TIME
NAME OF STENOGRAPHER
11.30 a.m.

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

20/06/2022
Judgment/order signed by P.O on
22/06/2022
Judgment/order uploaded on
23/06/2022