Cri. BA No.1612/2022
..1..

in C.R. No.238/2022
MHCC020087552022
Presented on
Registered on
Decided on
Duration
: 30-06-2022
: 30-06-2022
: 15-07-2022
: 00 month, 15 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1612 OF 2022
IN
C.R. NO.238 OF 2022
Nishad Banu Yusuf Khan
R/at: Room No. 5. Ground Floor, Chapra
Hotel Chawl, Shuklaji Street, Behind
Chapra Hotel, Nagpada, Mumbai-400 004.

)
)
)
) .. Applicant/Accused No.1
V/s.
The State of Maharashtra,
)
( At the instance of Nagpada police station )
Mumbai vide C.R No.238/2022 )
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Ms. Shalaka i/b Ayyaz Khan, for the applicant/accused.
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 : 15/07/2022
ORAL ORDER
This is an application for releasing applicant/accused No.1
Nishad Banu Yusuf Khan on bail.

Cri. BA No.1612/2022
2.

..2..

in C.R. No.238/2022
Applicant/accused No.1 submitted that, she was arrested in
Crime No.238/2022 for an offence punishable under section 8(c) r/w
section 21(b) of the NDPS Act, 1985. It is alleged by prosecution that,
on 23.06.2022 applicant/accused was found in suspicious condition and
on her search 7 grams Heroin was seized from her. Therefore, aforesaid
offence was registered against her. She is in MCR. Quantity of Heroin
allegedly seized from her is 7 grams and that from another accused is 6
grams. Its less than commercial quantity. Hence, section 37 of the
NDPS Act is not attracted. She is ready to abide by all conditions those
may be imposed by this Court. She prayed for grant of bail.
3.

Prosecution resisted this application by filing its say
countersigned by Ld. Additional Public Prosecutor Shri. P.J. Tarange on
the grounds mentioned therein. I have heard both sides.
4.

In this case contraband seized from applicant/accused is
only 7 grams and total contraband is seized in this offence is 13 grams
only. It is less than commercial quantity. Therefore, section 37 of NDPS
Act is not attracted in this case. Applicant/accused is ready to furnish
surety and abide by all conditions those may be imposed by this Court.
In such circumstances, a case is made out for grant of bail. Hence, I pass
following order.
ORDER
1. Criminal Bail Application No.1612/2022 in C.R No.238/2022, is
allowed.
2. Applicant/accused Nishad Banu Yusuf Khan, is released in C.R.
No.238/2022 on executing P. R. Bond of Rs.25,000/- (Rs. Twenty
Cri. BA No.1612/2022
..3..

in C.R. No.238/2022
Five Thousand only) with one or more solvent sureties in the like
amount, on following conditions.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and she shall appear before Trial Court
regularly.
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before the Investigating Officer as and
when called by the Investigating Officer.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.07.16
12:04:21 +0530
Date : 15/07/2022.

Dictated on
Typed on
Signed on
: 15/07/2022
: 16/07/2022
: 16/07/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1612/2022
..4..

in C.R. No.238/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
16.07.2022
TIME
NAME OF STENOGRAPHER
12.03 p.m.

Sanjay Baliram Kaskar
(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.

15/07/2022
Judgment/order signed by P.O on
16/07/2022
Judgment/order uploaded on
16/07/2022