Cri. BA No.71/2024
..1..

in C.R. No.01/2024
MHCC020004822024
Presented on
: 08-01-2024
Registered on : 08-01-2024
Decided on
: 20-01-2024
Duration
: 12 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.71 OF 2024
IN
C.R. NO.01 OF 2024
Mahamad Ali Mahamad Yusuf Nagori @
Mohammad Ali Mohammad Yusuf
Nagori
Aged : 40 years, Occ: R/at : D-38 3/3, Azad Nagar, Near Oani
Garage, Dharavi, Mumbai – 17.

)
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of Shahu Nagar police )
station Mumbai, vide C.R. No.01/2024). ) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Gorakh Liman, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 20/01/2024
Cri. BA No.71/2024
..2..

in C.R. No.01/2024
ORAL ORDER
This is an application taken out by applicant/accused
Mahamad Ali Mahamad Yusuf Nagori @ Mohammad Ali Mohammad
Yusuf Nagori under section 439 of Code of Criminal Procedure for
enlarging him on bail in C.R. No.01/2024 registered at Shahu Nagar
police station, Mumbai for the offences punishable under section 8(c)
r/w section 21(b) and section 22(b) 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 31/12/2023, 36 gram Mephedrone (MD) is alleged
to be recovered from the possession of the applicant/accused and
therefore, offence punishable under section 8(c) r/w section 21(b) and
section
22(b)
of
NDPS
Act,
1985
is
registered
against
the
applicant/accused. The quantity of contraband alleged to be recovered
from the possession of the applicant/accused is intermediate quantity.
Therefore, rigours of section 37 of the NDPS Act are not applicable.
Applicant/accused
is
not
having
any
criminal
antecedents.

Applicant/accused is in custody since 01/01/2024. Nothing needs to be
recovered from him now. Applicant/accused is resident of Mumbai and
Cri. BA No.71/2024
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in C.R. No.01/2024
he is ready to abide by all conditions which the court may impose.
Therefore, Ld. Advocate for applicant/accused prayed that application
be allowed.
4.

On the other hand, Ld. APP argued that, 36 gram
Mephedrone (MD) is alleged to be recovered from the possession of the
applicant/accused. Investigation revealed that, applicant/accused was
possessing same for the purpose of sale. As such it is clear that,
applicant/accused is a drug peddler. Investigation is yet to be
completed. Release of the applicant/accused at this stage may hamper
the investigation. Therefore, Ld. APP submitted that, bail application be
rejected.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(b) and section 22(b) 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
applicant/accused is a non-commercial quantity and it is intermediate
quantity. As such the rigour of section 37 of NDPS Act is not applicable
in present matter. No criminal antecedents are attributed to the
applicant. From the material on record applicant/accused appears to be
resident of Mumbai. Moreover, it appears that, applicant/accused is in
custody since 01/01/2024 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.

Cri. BA No.71/2024
6.

..4..

in C.R. No.01/2024
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.

Criminal Bail Application No.71/2024 in C.R. No.01/2024, is
allowed.

2.

Applicant/accused Mahamad Ali Mahamad Yusuf Nagori @
Mohammad Ali Mohammad Yusuf Nagori, be released on bail in
C.R. No.01/2024 under section 8(c) r/w section 21(b) and
Cri. BA No.71/2024
..5..

in C.R. No.01/2024
section 22(b) of NDPS Act, 1985 registered by Shahu Nagar
police station on executing personal bond of Rs.50,000/- only
(Rs. Fifty thousand only) with one or more sureties 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 their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Bail Application No.71/2024 is disposed of accordingly.
(Pronounced in open Court)
Date : 20/01/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
20/01/2024
Transcribed on
:
20/01/2024
Checked on
:
20/01/2024
Signed on
:
20/01/2024
Cri. BA No.71/2024
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in C.R. No.01/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
20.01.2024
TIME
NAME OF STENOGRAPHER
05.00 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.

20.01.2024
Judgment/order signed by P.O on
20.01.2024
Judgment/order uploaded on
20.01.2024