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IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 884 OF 2022
IN
C. R. No. 38/2022
Mohsin Shmasuddin Shaikh @ Nanu
Age : 32 yrs.,
R/o : K-14, Aziz Phulwali Chawl,
Prem Nagar, Janip Chowk,
Jogeshwari (W), Mumbai – 400 060.
…Applicant/Accused
V/s.
The State of Maharashtra
ANC Worli Unit
…Respondent
Appearance :-
Ms. Zohra, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 18th May, 2022
ORDER
The present application for grant of bail has been filed by accused
Mohsin Shmasuddin Shaikh @ Nanu u/sec. 439 of Cr.P.C., who has
been arrested by the officers of respondent on 6.4.2022 for violation of
offences punishable u/sec. 8(c) r/w 22 (b) of NDPS Act, 1985 in C.R.
No. 38/2022.
2.

It is the case of prosecution that
on 6.4.2022
officers of
respondent, while on patrolling duty in the area of Malegamwala
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building No.2, D-9-28, Kanosa Convent Annex School, Gabrial Road,
Mahim (w), noticed one person i.e applicant suspiciously at about 15.00
hours. Hence he was apprehended. On being searched of the applicant,
one plastic bag containing 40 gms of Mephedrone (M.D.) was found.
Same was seized under panchnama and applicant was placed under
arrest.
3.

The present applicant/accused has sought bail on the grounds
that he has been falsely implicated in this case and the quantity
recovered from the applicant is 40 gms. of MD, which is noncommercial quantity and therefore bar u/sec. 37 of NDPS Act is not
attracted. Applicant is a permanent resident of Mumbai and not likely to
abscond. He undertakes to abide by any terms and condition as this
Court may deem fit. Hence he prayed for releasing him on bail.
4.

Application is opposed by the respondent by filing reply vide
Exh.2. It is submitted that applicant/accused was apprehended with 40
gms. of MD. During investigation he has not co-operated the
investigating machinery. If applicant is released on bail, he may indulge
in similar kind of offence. He is also likely to abscond and may not be
available for trial. Hence application be rejected.
5.

Perused application and say. Heard both sides.

6.

It is submitted on behalf of applicant that allegedly 40 gms. of
MD is recovered from the applicant. Said quantity is non-commercial
quantity and bar of Sec. 37 of NDPS Act is not applicable to grant bail.
The present applicant has no criminal antecedents. As against this, it is
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submitted by Ld. APP that the accused was dealing in business of sale
and purchase of M.D. and hence he is not entitled to grant of bail.
Hence bail application be rejected.
7.

Now, upon inspection of documents, it revealed that while
patrolling, present applicant was apprehended and 40 gms. of M.D.
was recovered from his possession which came to be seized under
panchanama.
8.

Now, admittedly the alleged recovery of contraband M.D. from
the accused falls under category of non-commercial quantity and
therefore, stringent provisions of sec. 37 of NDPS Act would not apply.
Though prosecution opposed the application on the ground that
investigation is in progress, this is not sufficient ground to deny the bail.
9.

Now recovery has been completed and nothing is remained to be
recovered. As submitted on behalf of applicant, he is permanent
resident of Mumbai and not likely to abscond. He has no criminal
antecedents to his discredit. Also, he is ready to abide by all the terms
and conditions imposed by the Court. Hence I hold that applicant is
entitled to be released on bail. Hence I proceed to pass following order :
ORDER
1. Bail Application no. 884/2022 is hereby allowed.
2. Applicant/accused Mohsin Shmasuddin Shaikh @ Nanu be released
in C.R. No. 38/2022 on executing P. R. Bond of Rs.50,000/- (Rs. Fifty
Thousand only) with one or more sureties in the like amount.

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3. Applicant/accused to attend the office of ANC Worli Unit on every
Monday between 1.00 p.m. to 4.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile numbers and correct address of residence along with
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.50,000/- for period of
eight weeks.
9. Accordingly, Bail Application no. 884/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 18.05.2022
Dictated on
Transcribed on
Signed on
: 18.05.2022
: 18.05.2022
: 18.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
18.05.2022
Name of the Judge
TIME
NAME OF STENOGRAPHER
5.30 p.m.

Mrs. S. W. Tuscano
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
18.05.2022
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Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
18.05.2022
18.05.2022