BA 852/2023
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MHCC020146312023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 852 OF 2023
IN
C. R. NO. 62/2023
Mudassar Kasim Shaikh
(Shaik Mohammed Mudasir)
Age : 24 years, Occu. : Nil,
R/o : Building no.61,
Room No.1, First floor,
Dontad Street, Dambar Gali,
Chinch Bandar, Maszid Bandar,
Mumbai – 400 009.

… Applicant/accused no.4
V/s.
State of Maharashtra
(Dongri Police Station)
… Respondent
Appearance :Mr. Sachin Shirke, Adv. for the applicant.
Mr. Shankar Erande, APP for the respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
03.11.2023
ORDER
This is an application filed by applicant – Mudassar Kasim
Shaikh for grant of bail under Section 439 of Code of Criminal
Procedure, 1860 in C. R. No.62/23 registered at Dongri Police Station
for offence punishable under sections 8(c), 21(b), 22(c) r/w sec.20(b)
& 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For
short, “the NDPS Act”). Perused bail application and say filed by the
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Investigating Officer through learned A.P.P.
2.

Heard learned Counsel Mr. Sachin Shirke for the applicant and
learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on the basis of secret
information received by PSI Funde,
on 16.08.2023 informant ASI
Rajendra Mandlik along with other officers of the respondent conducted
raid at Chichbandar Cross Lane,4/6 Ashrafi Manzil, Dongari, Mumbai
and seized 52 gms. MD and two Oppo compnay mobile phones from
accused no.1 Shahinoor Patel. As accused no.1 Shahinoor Patel revealed
that he had kept further stock of MD at the address of 65/67, Chinoy
Mension, 3rd floor, R. No.303, Dontad Street, Dambar Galli Mumbai,
raid was conducted at the said spot from where 448 gms. MD, 80 gms.
charas, cash amount of Rs. 3,50,000/- kept in the Godrej Cupboard, one
country made revolver, four live cartridges, one Tejas Toy air pistole, 12
packets of Target shot air rifle pellets, 66 empty plastic bags, one
Samurai Sword, one stick rod,
one chopper, one electric weighing
machine of Virgo company, one Nokia company mobile, other 25 old
mobiles in working condition, 3 tabs of Samsung company, one
Mackbook of Apple company, 1 laptop of HP company and 2 packets of
small pouches came to be seized from the possession of accused no.1
Shahinoor Patel. The officers of the respondent seized 200 gms. MD, 15
gms. Cocaine, 2 mobiles of Nokia and Oppo company from the
possession of accused no.2 Chinanso Udeoju Nnamadi in the raid
conducted on 17.08.2023 at Nalasopara. During interrogation, accused
no.1 Shahinoor Patel revealed name of accused no.3 Brijesh Sharma as
the supplier of weapons. Hence, accused no.3 came to be arrested on
23.08.2023.

Accused no.1 Shahinoor Patel also revealed name of
accused no.4 – Mujju @ Maddasir Kasim Shaikh as supplier of the
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contraband. Hence, accused no.4 Mujju came to be arrested on
11.o9.2023 from Ashok Premises, Katha Bazar, Masjid Bandar and one
I phone and one Vivo company mobiles came to be seized from him.
Accused no.4 Maddasir revealed name of accused Kallan as supplier of
contraband to him. Said accused Kallan is wanted in this crime. During
further investigation, it was revealed that accused no.1 Shahinoor Patel
and accused no.4 – Mudassar Kasim Shaikh were in touch with each
other through mobiles. All contraband came to be seized under
panchanama and offence came to be registered against them.
4.

The applicant is seeking bail on the grounds that the
applicant is peace loving person. He is permanent resident of Mumbai.
The applicant came to be arrested only on the statement of co-accused.
There is no recovery at the instance of present applicant.Marriage of the
applicant’s sister is arranged in Mumbai on 08.10.2023. The applicant
is attending the court proceeding in NDPS Special Case No.71/2022.
Bar u/sec. 37 is not attracted. Investigation has been completed. No
fruitful purpose will be served by keeping the applicant behind bar. The
applicant is ready and willing to abide by all conditions imposed by this
Court. He prayed for bail.
5.

Ld. Adv. Mr. Sachin Shirke for the applicant submitted that
Accused no.1 is arrested from whom 500 grams MD and 80 grams Charas
is seized. Accused no.1 disclosed the name of accused no.2. Accused no.3 is
arrested by obtaining custody from Pune jail. Accused no.4 is also arrested,
but there is no recovery from him. This is a case of nil possession qua
accused no.4. Name of accused no.4 is not mentioned in the FIR as supplier
of Charas. Statement of co-accused under sec. 27 of the Evidence Act is not
admissible. Accused no.4 is falsely implicated. Accused no.4 is facing trial in
the NDPS case in Court Room No.42 and he regularly attends the trial.

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Accused no.4 would not flee from justice. He prayed for granting bail to the
applicant.
6.

Ld. APP Shankar Erande for the State submitted that there
are total six accused. Two accused are wanted accused. One accused is
a foreign national. Accused no.4 is the main accused. 52 grams of MD
was seized from accused no.1 on the spot. 448 grams of MD and 80
grams of Charas was seized from the house of accused no.1. Accused
no.1 was also having a pistol and other weapons in his house. Two
mobile phones came to be seized in house search conducted as per
disclosure statement of accused no.4. Accused no.4 is in contact of other
accused. CDR details are available. 15 grams of cocaine and 200 gms.
MD is found in possession of accused no.2. Accused no.2 is a Nigerian
national residing in India in violation of the provisions of the Passport
Act. Main accused is not yet arrested. Seized contraband is having
commercial quantity. Offence is serious. Marriage of the applicant’s
sister is already solemnized. He prayed for
rejection of the bail
application.
7.

Perusal of the record, it appears that accused no.1 found in
possession of 500 gms. MD and 80 gms. Charas. Huge haul of weapons
is also recovered at the instance of accused no.1. Similarly, accused no.2
is found in possession of 200 gms. MD and 15 gms. Cocaine. During
investigation, accused no.3 Birju was arrested and he is said to be
supplier of weapons. Furthermore, present applicant/accused no.4 is
supplier of drugs to accused no.1 & 2. It is specific contention of the
prosecution that accused no.4 is in contact with all accused as per CDR
details. Accused no.2 is a Nigerian national, who is residing in India
without proper documentation. Other accused are not yet arrested.

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There is sufficient material to show that all accused are acting in
pursuance of their criminal conspiracy to commit the offence. The
applicant could not bring on record or point out the factors for
distancing himself from other accused. Considering seizure of MD in
proportion to 11 times of commercial quantity from accused no.1 & 2
and specific prosecution version that present applicant is supplier of the
drugs, the applicant is not entitled to bail. In short, the applicant is
kingpin behind the curtain. Therefore, bar u/sec. 37 of the NDPS Act is
attracted. Investigation is at initial stage. Bail to the accused would
affect further investigation. Gravity of offence and prescribed
punishment are additional factors making this Court to deny bail to the
applicant. Hence, I pass the following order.
ORDER
1. Bail Application No. 852/2023 stands rejected.
2. Application is disposed off accordingly.

Date : 03.11.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
Dictated on
: 03.11.2023
Transcribed on : 06.11.2023
Signed on
: 06.11.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.11.2023
Name of the Judge
TIME
NAME OF STENOGRAPHER
04.15 p.m.

Mrs. S. W. Tuscano
HHJ Shri R. R. Bhagwat
(CR No.44)
Date of Pronouncement of
03.11.2023
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Judgment/Order.
Judgment/order signed by P.O on
06.11.2023
Judgment/order uploaded on
06.11.2023
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