CRI. BA No.1092/2024
..1..

in C.R. No.277/2024
MHCC020068522024
Presented on
: 26-04-2024
Registered on : 26-04-2024
Decided on
: 06-05-2024
Duration
: 10 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1092 OF 2024
IN
C.R. NO.277 OF 2024
Najmul Mehboob Shaikh
)
Aged : 29 years, Occ: Labour
)
R/at : Ekthanagar APMC Market Sec- )
19, Vashi Navi- Mumbai- 400703.
) .. Applicant/Accused No.1
V/s.
The State of Maharashtra
)
(At the instance of R.C.F. police station, )
Mumbai, vide C.R. No.277/2024).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Meshram, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 06/05/2024
CRI. BA No.1092/2024
..2..

in C.R. No.277/2024
ORAL ORDER
This is an application taken out by applicant/accused No.1
Najmul Mehboob Shaikh under section 439 of Code of Criminal
Procedure for enlarging him on bail in C.R. No.277/2024 registered at
R.C.F. police station, Mumbai for the offences punishable under section
8(c) r/w section 21(b) 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 No.1 submitted
that, this is the first bail application taken out by the applicant/accused.
No other bail application taken out by the applicant/accused in respect
of the present crime is pending in Hon’ble High Court or rejected any
superior court. Learned Advocate for applicant/accused argued that, as
per the prosecution case on 18/04/2024 applicant/accused was found
in suspicious condition and therefore, he was apprehended and during
his search 17 gram Heroin is alleged to be recovered. During
investigation applicant/accused disclosed that, he along with his fatherin-law Ganesh Sanmugam Naidu and mother-in-law Ramzanbi
Samshuddin Shaikh used to sale Heroin, solution bottles and corex
bottles and some of the said substance is kept in the house of her
mother-in-law and he had pointed out the house of the Ganesh
Sanmugam Naidu and Ramzanbi Samshuddin Shaikh. 252 glass bottles
containing some solution and drum containing 40 Kg solution is
recovered from the house of the co-accused No.2 Ganesh Sanmugam
CRI. BA No.1092/2024
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in C.R. No.277/2024
Naidu. Co-accused No.2 disclosed that, he used to do business of sale of
the contraband with the help of his wife co-accused No.3 Ramzanbi
Samshuddin Shaikh. Therefore, offence punishable under section 8(c)
r/w section 21(b) and section 29 of NDPS Act, 1985 is registered
against the applicant/accused and co-accused. Quantity of contraband
alleged to be recovered in the present crime is intermediate quantity.
The substance alleged to be recovered from the house of the co-accused
No.2 Ganesh Sanmugam Naidu doesn’t come within the purview of the
NDPS Act. Considering the quantity of contraband recovered, rigours of
section 37 of the NDPS Act are not applicable. Mere fact that,
applicant/accused is having some criminal antecedents itself is not a
ground for rejection of bail. Applicant/accused is resident of Mumbai
and he is ready to abide by all conditions which the court may impose.
Therefore, Ld. Advocate for applicant/accused prayed that application
be allowed.
4.

On the other hand, Ld. APP argued that, 17 gram Heroin is
recovered from the possession of the applicant/accused No.1 Najmul
Mehboob
Shaikh.

As
per
the
disclosure
statement
of
the
applicant/accused No.1, 252 glass bottles containing some solution and
one drum containing 40 Kg solution is recovered from the house of the
co-accused No.2 Ganesh Sanmugam Naidu. Investigation revealed that,
applicant/accused No.1 and co-accused No.2 Ganesh Sanmugam Naidu
and co-accused No.3 Ramzanbi Samshuddin Shaikh are involved in the
drug trafficking. Investigation pertaining to the solution recovered is
pending and therefore, it cannot be stated at this stage whether that
solution
come
within
the
purview
of
NDPS
Act
or
not.

Applicant/accused No.1 and co-accused are relatives and therefore,
there appear positive material of conspiracy. Investigation is pending
CRI. BA No.1092/2024
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in C.R. No.277/2024
and it is likely to be hampered if the applicant/accused is released on
bail. Therefore, Ld. APP submitted that, bail application be rejected.
5.

From
the
matter
on
record
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(b) and section 29 of NDPS Act, 1985.
The punishment provided for the above offence may extend to 10 years
and with fine which may extend to Rs. One lakh only. Quantity of
contraband alleged to be recovered from applicant/accused and coaccused is non-commercial quantity and it is intermediate quantity. As
such the rigour of section 37 of NDPS Act is not applicable in present
matter. No criminal antecedents are attributed to the applicant. From
the material on record applicant/accused appears to be resident of
Mumbai. Moreover, it appears that, applicant/accused is in custody
since 19/04/2024 and now nothing is to be recovered from the
applicant/accused. As such from the material on record it appears that,
investigation in respect of the applicant/accused is almost completed.
6.

Admittedly, the prosecution is not clear as to what is the
solution recovered from the house of the co-accused No.2 Ganesh
Sanmugam Naidu. It cannot be presumed to be a narcotics drugs or
psychotropic substance at this stage. Moreover, mere fact that,
applicant/accused is having criminal antecedents under the IPC itself is
not a ground for rejection of bail as each case has to be decided on the
basis of the material complied in the final report.
7.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved.

The
object of the bail is to secure the attendance of the accused at the trial
CRI. BA No.1092/2024
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in C.R. No.277/2024
and the object is neither punitive and preventive. From the material on
record prima facie, it appears that, applicant/accused had co-operated
during the investigation. Applicant/accused has also undertaken to cooperate during the trial. From prima facie appreciation of the material
on record, presence of the applicant/accused is likely to be secured even
if he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
8.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial either to fair investigation or to the interest of
society at large.

Therefore, there appear justifiable grounds for
releasing the applicant/accused on bail at the stage. As such the present
application deserves to be allowed. Hence, the following order.
ORDER
1.

Cri. Bail Application No.1092/2024 in C.R. No.277/2024, is
allowed.

2.

Applicant/accused No.1 Najmul Mehboob Shaikh, be released on
bail in C.R. No.277/2024 under section 8(c) r/w section 21(b)
and section 29 of NDPS Act, 1985 registered by R.C.F. police
station, Mumbai station on executing personal bond of
Rs.50,000/- only (Rs. Fifty thousand only) with one or more
sureties in like amount on the following conditions :
CRI. BA No.1092/2024
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in C.R. No.277/2024
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide their respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

Bail Application No.1092/2024 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASHRAO
KSHIRSAGAR
Date : 06/05/2024.

Digitally signed
by KIRAN
PRAKASHRAO
KSHIRSAGAR
Date: 2024.05.07
17:27:42 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
06/05/2024
Transcribed on
:
06/05/2024
Checked on
:
06/05/2024
Signed on
:
06/05/2024
CRI. BA No.1092/2024
..7..

in C.R. No.277/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
07.05.2024
TIME
NAME OF STENOGRAPHER
04.00 p.m.

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

06.05.2024
Judgment/order signed by P.O on
06.05.2024
Judgment/order uploaded on
07.05.2024