CRI. BA No.447/2024
..1..

in NDPS RA No.114/2024
MHCC020030522024
Presented on
: 21-02-2024
Registered on : 21-02-2024
Decided on
: 06-03-2024
Duration
: 14 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.447 OF 2024
IN
NDPS REMAND APPLICATION NO.114 OF 2024
Mohammed Saad Kapadia
Aged : 27 years, Occ: Business
R/at : 1-/4 3rd Floor, 153, Zakaria Masjid
Street, Mandvi, Mumbai-400 009.

)
)
)
) .. Applicant/Accused No.3
V/s.
The State of Maharashtra
)
(At the instance of ANC, Ghatkopar )
Unit, Mumbai, vide C.R. No.71/2023). ) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Ajay Dubey, for applicant/accused.
Ld. APP Mr. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 06/03/2024
CRI. BA No.447/2024
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in NDPS RA No.114/2024
ORAL ORDER
This is an application taken out by applicant/accused No.3
Mohammed Saad Kapadia under section 439 of Code of Criminal
Procedure for enlarging him on bail in C.R. No.71/2023 registered at
ANC, Ghatkopar Unit, Mumbai for the offences punishable under
section 8(c) r/w section 22(c) 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 argued that, this is
the first bail application taken out by the applicant/accused and no
other bail application of the applicant/accused is pending or rejected in
any higher Court in respect of the above C.R. No.71/2023. Ld. Advocate
for the applicant/accused argued that, as per the prosecution case on
04/08/2023, 60 gram Mephedrone (MD) is alleged to be recovered
from the possession of the co-accused No.1 Javed @ Bali Nazir Khan
and 60 gram Mephedrone (MD) is alleged to be recovered from the coaccused No.2 Subhan Sikandar Sayyed. During investigation co-accused
No.1 disclosed that, he had procured the said contraband from the coaccused No.2 and co-accused No.2 disclosed that, he had procured the
said contraband from the applicant/accused. Therefore, offence
punishable under section 8(c) r/w section 22(c) and section 29 of the
NDPS
Act
is
Applicant/accused
registered
is
falsely
against
the
implicated
in
applicant/accused.
the
present
case.

Applicant/accused has no concern with co-accused or the present crime.
As the applicant/accused had filed complaints in the police station he is
CRI. BA No.447/2024
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in NDPS RA No.114/2024
falsely implicated. There is no recovery from the applicant/accused.
Applicant/accused is not having any criminal antecedents. Statement of
the co-accused is not admissible in evidence. There is no recovery from
the possession of the applicant/accused. Applicant/accused is resident
of Mumbai and he is ready to abide by all terms and conditions which
the
court
may
impose.

Therefore,
Ld.

Advocate
for
the
applicant/accused prayed that, applicant/accused be released on bail.
4.

On the other hand, Ld. APP argued that, on 04/08/2023,
60 gram Mephedrone (MD) was recovered from the possession of the
co-accused No.1 Javed @ Bali Nazir Khan and 60 gram Mephedrone
(MD) was recovered from the co-accused No.2 Subhan Sikandar
Sayyed. Co-accused No.2 disclosed that, he had procured the said
contraband from the applicant/accused. Applicant/accused was arrested
on 12/02/2024 and offence punishable under section 8(c) r/w section
22(c) and section 29 of the NDPS Act is registered against the
applicant/accused and the co-accused. Investigation pertaining to the
applicant/accused is pending. CDR report in the charge-sheet/final
report filed against the co-accused Nos.1 and 2 reveals nexus/live link
between applicant/accused and co-accused Nos.1 and 2. Therefore,
provision of section 29 of the NDPS Act is applicable. The quantity of
contraband recovered from the possession of the applicant/accused is
commercial quantity. The applicant/accused has not demonstrated any
reasonable grounds to believe that, he is not guilty of the offence
alleged to be committed by him. Therefore, conditions under section 37
of the NDPS Act are also not satisfied by the applicant/accused. There
are no material infirmities in the prosecution case. Therefore, Ld. APP
submitted that, application be rejected.

CRI. BA No.447/2024
5.

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in NDPS RA No.114/2024
From the appreciation of the material on record it reveals
that, 60 gram Mephedrone (MD) was recovered from the co-accused
No.1 and 60 gram Mephedrone (MD) was recovered from the conscious
possession of the co-accused No.2 and during investigation co-accused
No.2 had disclosed that, he had procured the said contraband from the
applicant/accused. From appreciation of material on record it appears
that, quantity of contraband recovered from the co-accused Nos.1 and 2
is of commercial quantity. The statement of the co-accused is admissible
for the purpose of investigation. Investigation carried out till date shows
the involvement of the applicant/accused and reveals the nexus
between applicant/accused and co-accused. Therefore, prima facie case
for offence punishable under section 8(c) r/w section 22(c) and section
29 of the NDPS Act is made out against the applicant/accused. Till date
investigation pertaining to applicant/accused is pending and final report
against applicant/accused is not filed.
6.

As per section 37 of the NDPS Act burden is upon the
applicant/accused to show that there are reasonable grounds to believe
that, he is not guilty of the offence and to satisfy the Court that
applicant/accused
is
not
likely
to
commit
similar
offence.

Applicant/accused has not demonstrated any material to show that
there are reasonable grounds to believe that applicant/accused is not
guilty of offence alleged to have been committed by him. From the
appreciation of the material on record there are reasonable grounds to
believe that, applicant/accused has committed the offence punishable
under section 8(c) r/w section 22(c) and section 29 of NDPS Act.
Moreover, considering the nature of offence and the matter on record
and the fact that, huge quantity of contraband was recovered from coaccused court is also not satisfied that, the applicant/accused will not
CRI. BA No.447/2024
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in NDPS RA No.114/2024
commit the similar offence again. As such conditions under section 37
of NDPS Act are not fulfilled.
7.

Admittedly, till date investigation is not completed. Prima
facie there is no material on record, so as to doubt genuineness of the
prosecution case. Prima facie there appear no inherent infirmities or
improbability in the prosecution case. Considering the nature of offence
the possibility that, after release of the applicant/accused, the
applicant/accused may tamper the prosecution evidence or influence
the witnesses or may involve in commission of such offences cannot be
ruled out at this stage. Therefore, at this stage there appear necessity
for the further detention of the applicant/accused.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence there
appear no justifiable grounds for releasing applicant/accused on bail at
this stage.

As such the present application is liable to be rejected.

Hence, the following order.
ORDER
1.

Cri. BA No.447/2024 of applicant/accused Mohammed Saad
Kapadia in C.R. No.71/2023 in NDPS RA No.114/2024, is
CRI. BA No.447/2024
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in NDPS RA No.114/2024
rejected.
2.

Cri. BA No.447/2024 is disposed of accordingly.
(Pronounced in open Court)
Date : 06/03/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
06/03/2024
Transcribed on
:
06/03/2024
Checked on
:
06/03/2024
Signed on
:
07/03/2024
CRI. BA No.447/2024
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in NDPS RA No.114/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
07.03.2024
TIME
NAME OF STENOGRAPHER
05.50 p.m.

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

06.03.2024
Judgment/order signed by P.O on
07.03.2024
Judgment/order uploaded on
07.03.2024