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N.D.P.S. Cri. BA No.1646/2022
CNR NO. MHCC02-008914-2022
Presented on
Registered on
Decided on
Duration
: 04-07-2022
: 04-07-2022
: 11-07-2022
: 00 months, 08 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
N.D.P. S. CRIMINAL BAIL APPLICATION NO.1646 OF 2022
IN
C.R.NO.147 OF 2022
Mohmmad Nadeem Mohd. Arif Shaikh
Age 24 years, Occupation :- Employee,
Indira Nagar, Parigh Khadi, Survey No.04,
Ekta Welfare Association, L.B.S. Marg,
Kurla West (East), Mumbai – 400051.
(Presently he is in JC)
.. Applicant/Accused No.2
V/s.
The State of Maharashtra,
(At the instance of ANC, Ghatkopar Unit,
Their C.R./LAC No.147/2022 )
.. Complainant/Respondent
Appearance :
Ld. Adv. Mr. Jayant Parab, for the applicant/accused No.2.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 11/07/2022
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N.D.P.S. Cri. BA No.1646/2022
ORAL ORDER
The applicant/accused Afzal Bashir Pansopkar prays for
releasing him on bail.
2.

It is contention of applicant that he was arrested by ANC,
Ghatkopar Unit on 24.06.2022 in Crime No.147 of 2022 under Sections
8(c) r/w 22(b) and 29 of The Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred as “N.D.P.S.” for short).
Presently he is in judicial custody.
3.

It is alleged by prosecution that on 23.06.2022 accused
No.1 and applicant/accused No.2 Mohmmad Nadeem Shaikh were
found in possession of Mephedrone (M.D.). Applicant was found in
possession of 14 grams Mephedrone and accused No.1 was found in
possession of 11 grams Mephedrone. Contraband was seized from both
of them and they were arrested.
4.

Applicant/accused
submits
that
contraband
allegedly
seized from him is lesser than commercial quantity therefore, does not
attract the provision of Section 37 of the N.D.P.S. Act, 1985. He is falsely
implicated in N.D.P.S case. He is permanent resident of Mumbai. There
is no possibility of his running away. He undertakes to abide by all
conditions those may be imposed upon him by this Court. He prayed
accordingly.
5.

Public Prosecutor resisted this application by filing its say
on grounds mentioned therein. I have heard both sides.
6.

It is contention of applicant that quantity of Mephedrone
allegedly seized from applicant is 14 grams and from accused No.1 is 11
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N.D.P.S. Cri. BA No.1646/2022
grams. Total of Mephedrone seized is 25 grams only. It is less than
commercial quantity.
7.

On the other hand, learned Public Prosecution expressed
apprehension that the lady (Shabina Khan) from whom both accused
brought Mephedrone is not arrested till today. If these applicants are
released, investigating officer will not able to arrest her. He submitted
that applicant may tamper with the evidence of prosecution.
8.

I have given thoughtful consideration submission of both
sides. In this case contraband allegedly seized from applicant which
was only 14 grams and alleged quantity seized from both accused is 25
grams. That means the quantity of contraband seized is less than
commercial quantity, therefore the stringent provision of Section 37 of
the N.D.P.S. Act 1985 will not come into play in this case. Applicant is
ready to furnish surety and abide by all conditions those may be
imposed by this Court. Case of apprehension expressed by learned
Public Prosecutor can be taken by imposing suitable conditions upon
applicant. In such circumstances, I think this is a fit case to exercise
discretion in favour of applicant. Hence, I pass following order.
ORDER
1. N.D.P.S. Criminal Bail Application No.1646 of 2022 in C.R.
No.147/2022, is allowed.
2. Applicant/accused Mohmmad Nadeem Mohd. Arif Shaikh, is
released in C.R. No.147/2022 on executing P. R. Bond of
Rs.25,000/- (Rs. Twenty Five Thousand only) with one or more
solvent surety/sureties in the like amount.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and he shall appear before Trial Court
regularly.

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N.D.P.S. Cri. BA No.1646/2022
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before the Investigating Officer as and
when called by him.
6. N.D.P.S. Criminal Bail Application No.1646 of 2022 stands disposed
off accordingly.
(Pronounced in open Court)
Date : 11/07/2022.

Dictated on
Typed on
Signed on
: 11/07/2022
: 11/07/2022
: 11/07/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
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N.D.P.S. Cri. BA No.1646/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
11.07.2022
TIME
NAME OF STENOGRAPHER
5.33 p.m.

Subhash S. Poul
(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.

11/07/2022
Judgment/order signed by P.O on
11/07/2022
Judgment/order uploaded on
11/07/2022