IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 1009 OF 2022
IN
C.R. No. 83/2022
Mohd. Shafi Mohd. Noor Islam Shaikh
Age- 52 years, Occ.- Labour
R/o : Room No.324, Building No.21/B,
Sindhu CHS, Lallubhai Compound,
Mankhurd Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC Ghatkopar Unit
…Respondent
Appearance :Mr. Jitendra, Adv. for applicant/accused.
Mr. Rajput, APP for state/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 19th May, 2022
ORDER
The applicant/accused Mohd. Shafi Mohd. Noor Islam Shaikh has
moved present application for bail u/sec. 439 of Cr.P.C., who was
arrested on 26.04.2022 by officers of Respondent in C.R. No.83/2022
for offence punishable u/sec. 8(c) r/w 20 (b) of NDPS Act, 1985.
2.

It is the case of the prosecution that 25.04.2022 the officers of
the respondent, while patrolling at Sidhu CHS, Lallubhai Compound,
Mankhurd found applicant in suspicious condition carrying one plastic
bag in his hand. Hence he was apprehended and searched. During
search applicant was found in possession of 7 kgs. of Ganja. Same was
seized under panchnama and accused was placed under arrest.
3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated in the present case. The seizure of Ganja
seized by the prosecution is 7 kgs.

of Ganja which is of non-
commercial quantity and bar of sec. 37 of NDPS Act is not applicable.

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Applicant is ready to abide by any condition imposed by the Court.
Applicant is permanent resident of Mumbai and not likely to
abscond. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that the quantity seized from accused is intermediate
quantity. Investigation is in progress. If applicant is granted bail he
may abscond and may commit similar type of offence. Hence it is
prayed that application be rejected.
5.

Perused application and say. Heard both sides. It is reflected
from the papers that while patrolling accused was found in
suspicious condition. Hence he was searched. Applicant was found
in possession of 7 Kgs of Ganja which came to be seized under
panchnama.
6.

Now, admittedly the contraband seized from the applicant
falls under category of non commercial quantity. Hence stringent
provisions of sec. 37 of NDPS Act are not applicable. Furthermore,
recovery is completed and nothing is remained to be recovered.
7.

As submitted by the applicant, he is ready to abide by any
condition imposed by the Court. He is permanent resident of
Mumbai and not likely to abscond. There are no criminal
antecedents to the discredit of the applicant. No purpose would be
served by keeping the applicant behind the bars. Hence I hold that
application deserves to be allowed. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 1009/2022 is hereby allowed.

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2. Applicant/accused Mohd. Shafi Mohd. Noor Islam Shaikh be
released in C.R.No. 83/2022 on executing P. R. Bond of Rs.20,000/(Rs. Twenty Thousand only) with one or two sureties in the like
amount.
3. Applicant/accused to attend the office of ANC Ghatkopar unit
Police Station on every Thursday between 2.00 p.m. to 5.00 p.m.
till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. Applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal
of trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence,
permission granted to furnish provisional cash bail of Rs.
20,000/- for period of eight weeks.
9. Accordingly, Bail Application no. 1009/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Date : 19.05.2022
Dictated on
Transcribed on
Signed on
Gr. Mumbai.

: 19.05.2022
: 19.05.2022
: 19.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
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20.05.2022
12.30 p.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
19.05.2022
Judgment/order uploaded on
20.05.2022
19.05.2022