NDPS BA No.766/2023
..1..

in NDPS RA No.1100/2023
MHCC020132672023
Presented on
: 01-09-2023
Registered on : 01-09-2023
Decided on
: 03-10-2023
Duration
: 01 M, 02 D
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.766 OF 2023
IN
NDPS REMAND APPLICATION NO. 1100 OF 2023
Ms. Priyanka Ashok Karkaur
Aged about 24 years, Occ: Artis/ Dancer.
R/at : Room No. 18, Tapasya Society,
Collector colony, Near Vishwamitra
compound, Chembur, Mumbai 400 074.

)
)
)
)
) .. Applicant/Accused No.9
V/s.
The State of Maharashtra
(At the instance of Crime Branch Unit-6,
Mumbai,
vide
Spl.
LAC/C.R.
No.56/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Archana Tiwari, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 03/10/2023
NDPS BA No.766/2023
..2..

in NDPS RA No.1100/2023
ORAL ORDER
This is an application taken out by applicant/accused No.9
Ms. Priyanka Ashok Karkaur under section 439 of Code of Criminal
Procedure for enlarging her on bail in C.R. No.56/2023 registered at
Crime Branch, Unit-6, Mumbai (C.R. No.172/2023 registered with
Navghar police station, Mumbai) for the offences punishable under
section 420, 465, 468 and 471 of the Indian Penal Code (here-in-after
referred as “IPC”) and for the offences punishable under section 8(c)
r/w section 22(c) section 20 and section 29 of Narcotic Drug and
Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused No.9 submitted
that, this is the first bail application taken out by the applicant/accused
and no other bail application of the applicant/accused is pending in any
higher Court in respect of the above Spl. LAC/C.R. No.56/2023.
Learned
Advocate
applicant/accused
for
is
applicant/accused
falsely
implicated
argued
in
the
that,
present
the
case.

Applicant/accused is not having any nexus with the co-accused arrested
in the present crime. Applicant/accused is a dancer in dance bar and
having two years child. Applicant is suffering from various ailments and
cancer.

The
contraband
allegedly
to
be
recovered
from
the
applicant/accused is planted one, due to altercation between the
applicant/accused and the police. There is no positive material to show
nexus
between
the
applicant/accused
and
the
co-accused.

Applicant/accused was arrested on 16/08/2023 and offence punishable
NDPS BA No.766/2023
..3..

in NDPS RA No.1100/2023
under section 8(c) r/w section 22(c) and section 29 of NDPS Act is
registered against the applicant/accused. The quantity of contraband
recovered from applicant is intermediate quantity. Therefore, rigours of
section 37 of NDPS Act are not applicable. The applicant/accused is
resident of Mumbai. She is ready to abide all terms and conditions
which the court may impose. Therefore, Ld. Advocate for the
applicant/accused prayed that, applicant/accused be released on bail.
The Ld. Advocate for the applicant kept reliance on the case of
Hitesh Hemant Malhotra Vs. State of Maharashtra in Criminal Appeal
No.352 of 2020 decided on 07/12/2020, of the Hon’ble Bombay High
Court.
Court has gone through the observations made therein.

4.

On the other hand, Ld. APP argued that, on 16.08.2023,
62 gram Mephedrone (MD) was recovered from the possession of the
co-accused no.1 Sahil Khan, 54 gram Mephedrone (MD) was recovered
from the co-accused Mohammad Azmal Qasm Shaikh, 31 grams Charas
was recovered from the possession of the co-accused shamshuddin
Niazuddin Shah, 20 grams Mephedrone (MD) was recovered from the
possession of the co-accused Imran Aslam Pathan, 14 grams
Mephedrone (MD) was recovered from the co-accused Mohammad Ali
Mansoori and 18 grams Mephedrone was recovered from Mohammad
Ali Siddhiqe who were found in one Car. Moreover, 58 grams
Mephedrone (MD) was recovered form co-accused Sarfaraz Shabir Ali
khan @ Golden Bhure and 14 grams Charas was found in possession of
applicant/accused, who were sitting in the car Registration No. MH-04GZ-2772. Moreover, two Aadhar cards of different names having
photographs of applicant were recovered from the applicant/accused
NDPS BA No.766/2023
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in NDPS RA No.1100/2023
and cash of Rs.17,06,250/- was recovered from the house of
applicant/accused and the co-accused Sarfaraj
@
Bhure. The
cumulative quantity of the contraband recovered in the crime is
commercial and therefore rigorous of section 37 of the NDPS act are
attracted. Moreover, applicant/accused and co-accused Sarfaraj were
traveling in the same car. The material on record prima facie indicates
the nexus between the applicant/accused and the co-accused. The
applicant/accused
is
having
criminal
antecedents.

The
applicant/accused is drug peddler and there is positive material like
what’s app chat between the applicant/accused and the co-accused
pertaining to the contraband. It prima-facie show the nexus between
the applicant/accused and the co-accused. The material on record
prima-facie indicates the nexus between the applicant/accused and the
co-accused. Investigation is in progress. Section 29 of the NDPS Act is
applicable and therefore, rigours of section of 37 of the NDPS Act are
also applicable to the applicant/accused and the co-accused.

If the
applicant/accused is released on bail at this stage, investigation may be
hampered. Therefore, Ld. APP submitted that 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 22(c) and section 29 of NDPS Act, 1985.
The cumulative quantity of the contraband recovered from the
applicant/accused and co-accused in the present crime is commercial
quantity. From prima facie appreciation of material on record, and the
fact that, the applicant/accused and the co-accused No.8 were traveling
in the same car together and contraband was recovered from possession
of all the accused in the crime and huge cash amount is also recovered
from the house of applicant and co-accused, there appear no substance
NDPS BA No.766/2023
..5..

in NDPS RA No.1100/2023
in the contention of the applicant/accused that, there is no positive
material on record to show that, the applicant/accused and co-accused
had no nexus with the co-accused and they have not hatched any
conspiracy. On the other hand, from the prima-facie appreciation of
material on record, it appears that the applicant/accused and the coaccused are drug peddlers and involved in the drug trafficking and
applicant had played active role in the present crime. There appear
substance
in
the
applicant/accused
contention
had
nexus
of
with
the
the
prosecution
that
the
co-accused
and
the
applicant/accused and co-accused have hatched criminal conspiracy.
Therefore prima-facie Section 29 of the NDPS Act is applicable to the
case of applicant/accused and the co-accused. Therefore, rigiours of
Section 37 of the NDPS Act are also applicable to the case
applicant/accused and the co-accused. From appreciation of the
material on record, it appears that the applicant/accused has not
demonstrated that there are reasonable grounds to believe that she is
not guilty of the offence alleged to have been committed by her. On the
other hand, from prima-facie appreciation of material on record, there
appear reasonable grounds to believe that the applicant/accused has
committed the offence alleged to be committed by her. Therefore, the
applicant/accused failed to satisfy the conditions laid down in section
37 of the NDPS Act.
6.

The facts the judgment relied by the applicant in the Case of
Hitesh Hemant Malhotra Vs. State of Maharashtra cited (Supra) are
different than the facts of the present case. Therefore, in the humble
opinion of this Court observations therein are not helpful to the case of
the applicant.

NDPS BA No.766/2023
7.

..6..

in NDPS RA No.1100/2023
Admittedly, till date investigation is not completed. Prima
facie there is no material on record, so as to doubt genuineness of the
prosecution case. Prima facie there appear no inherent infirmities or
improbability in the prosecution case. Considering the nature of offence
the
possibility
that,
after
release
of
the
applicant/accused,
applicant/accused may tamper the prosecution witnesses or influence
the witnesses or may involve in commission of such offences cannot be
ruled out at this stage. Moreover, considering the quantity of the
contraband seized and the facts of the case free, fair and full
investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. Therefore, at this stage there appear necessity for
the further detention of the applicant/accused for facilitating further
investigation.
8.

Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
9.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
NDPS BA No.766/2023
..7..

in NDPS RA No.1100/2023
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
10.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.
ORDER
1.

NDPS Bail Application No.766/2023 of applicant/accused No.9
Ms. Priyanka Ashok Karkaur in Spl. L.A.C. No.56/2023 in NDPS
RA No.1100/2023, is rejected.

2.

NDPS Bail Application No.766/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.10.11
16:33:37
+0530
Date : 03/10/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
03/10/2023
Transcribed on
:
04/10/2023
Checked on
:
06/10/2023
Signed on
:
09/10/2023
NDPS BA No.766/2023
..8..

in NDPS RA No.1100/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
11.10.2023
TIME
NAME OF STENOGRAPHER
04.32 p.m.

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

03/10/2023
Judgment/order signed by P.O
on
09/10/2023
Judgment/order uploaded on
11/10/2023