NDPS BA No.690/2023
..1..

in NDPS RA No.975/2023
MHCC020121022023
Presented on
: 11-08-2023
Registered on : 11-08-2023
Decided on
: 29-08-2023
Duration
18 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.690 OF 2023
IN
NDPS REMAND APPLICATION NO.975 OF 2023
Naushad Ahmed Rangoonwala
)
Aged : 67 years, Occ: )
rd
R/at : Room No.57, 3 Floor, Mumbai )
Devi,
Rehmani
Building
A-wing, )
Mumbra, Thane.
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra
)
(At the instance of Pydhonie police )
station Mumbai, vide C.R. No.84/2023). ) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Zehra Charnia, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.

NDPS BA No.690/2023
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in NDPS RA No.975/2023
CORAM : K.P. KSHIRSAGAR (C.R.43)
(ADDL. SESSIONS JUDGE)
DATE
: 29/08/2023
ORAL ORDER
This is an application taken out by applicant/accused No.2
Naushad Ahmed Rangoonwala under section 439 of Code of Criminal
Procedure for enlarging him on bail in C.R. No.84/2023 registered at
Pydhonie police station, Mumbai for the offences punishable under
section 8(c) r/w section 20(a) 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.2 argued that,
it is the case of the prosecution that, 2 kg 97 gram Ganja is recovered
from the possession of the applicant/accused No.2 and 697 gram Ganja
is recovered from the possession of the co-accused No.1 on 24/07/2023
and offence punishable under section 8(c) r/w section 20(a) of the
NDPS Act is registered against them. The quantity of contraband
recovered from the applicant/accused No.2 is intermediate quantity.
The applicant/accused No.2 and other co-accused No.1 were found
together and cumulative quantity of the contraband recovered from
them is also intermediate. Therefore, rigours of section 37 of NDPS Act
are not applicable. Applicant/accused is in custody since 24/07/2023.
Nothing needs to be recovered from him now. Applicant/accused is
permanent resident of Mumbai and no criminal antecedents are
NDPS BA No.690/2023
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in NDPS RA No.975/2023
attributed to him. Applicant/accused 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, the offence alleged
is of serious nature. The applicant/accused may continue to commit
such offence if he is released on bail. The investigation is yet not
completed. Therefore, Ld. APP submitted that, bail application be
rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w 20(a) of NDPS Act, 1985. The punishment
provided for the above offence may extend upto one year and with fine
which may extend to Rs. 10,000/- only. Admittedly, the cumulative
quantity of contraband alleged to be recovered from applicant/accused
and co-accused is intermediate quantity. As such the rigour of section 37
of NDPS Act is not applicable in present matter. There is no necessity for
further detention of the applicant/accused. From the material on record
applicant/accused appears to be permanent resident of Mumbai.
Moreover, it appears that, applicant/accused is in custody since
24/07/2023 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.

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 and the
object is neither punitive and preventive. From the material on record
NDPS BA No.690/2023
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in NDPS RA No.975/2023
prima facie, it appears that, applicant/accused had co-operated during
the investigation. Applicant/accused has also undertaken to co-operate
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.
7.

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.

NDPS Bail Application No.690/2023 in C.R. No.84/2023 in
NDPS RA No.975/2023, is allowed.

2.

Applicant/accused No.2 Naushad Ahmed Rangoonwala, be
released on bail in C.R. No.84/2023 under section 8(c) r/w
20(a) of NDPS Act, 1985 registered by Nehru Nagar police
station on executing personal bond of Rs.50,000/- only (Rs. Fifty
thousand only) with one surety in like amount on the following
conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
NDPS BA No.690/2023
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in NDPS RA No.975/2023
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 there 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.690/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.09.01
17:30:36 +0530
Date : 29/08/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
29/08/2023
Transcribed on
:
31/08/2023
Checked on
:
31/08/2023
Signed on
:
01/09/2023
NDPS BA No.690/2023
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in NDPS RA No.975/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
01.09.2023
TIME
NAME OF STENOGRAPHER
05.28 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.

29/08/2023
Judgment/order signed by P.O on 31/08/2023
Judgment/order uploaded on
01/09/2023