NDPS BA 387.24
1
MHCC020026612024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 387/2024
IN
F. NO. NCB/MZU/CR-01/2024
S Javeed Basha
Age : 34 yrs.,
R/o : Room No.6,
Madina Nagar,
Konabattan Vellore,
Tamilnadu.

… Applicant/accused no.1
V/s.
Narcotic Control Bureau
… Respondent
Appearance :Ms. Zehra Charania, Adv. for applicant.
Mrs. Vibhavari Pathak, SPP for respondent/NCB.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
02.04.2024
ORDER
The applicant/accused S Javeed Basha, has filed the
instant application under Section 439 of the Code of Criminal
Procedure, 1973 for grant of regular bail in connection with F. NO.
NCB/MZU/CR-01/2024 registered under Sections 9A r/w 25A, 28 & 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985 with NCB,
Mumbai.

NDPS BA 387.24
2.

2
In short, according to the applicant he was arrested on
22.01.2024 by the officers of the respondent vide F. NO. NCB/MZU/CR01/2024 registered under Sections 9A r/w 25A, 28 & 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985. According to the
applicant, he has not committed any crime and he has been falsely
implicated in this case. The contraband allegedly recovered from courier
parcel is neither a narcotic drug nor psychotropic substance. The
alleged substance is a controlled substance. Same is covered by Narcotic
Drugs
and
Psychotropic
Substances
(Regulation
of
controlled
Substances) Order, 2013. Same is punishable u/sec. 25A of NDPS Act
1985. Therefore, bar u/sec. 37 of the Act is not applicable. Applicant
is neither the sender nor the receiver of the contraband as per the
consignment note reflected in the Remand Application. Nothing is
recovered at his instance. The applicant is ready to furnish surety and
abide by conditions of the bail bonds. He is ready to co-operate with
investigating agency. Therefore, the bail application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing reply at Exh.2. It is contended that on the basis of
specific information, NCB team effected seizure of 3.88 kgs. white
colour powder substance purported to be Pseudoephedrine at the office
of the M/s. Aramax India Pvt. Ltd. Plot No.B4, Andheri (East), MIDC,
Mumbai. Consigner of the said parcel is found to be one Rajeev Sharma,
Mumbai with mobile no.7449109649. Copies of Adhar Card, PAN card
were given as KYC documents. Parcel was destined to one George
Erwin, 12, Avalon Drive, Hamilton 3200, New Zealand. Subsequent to
the seizure of the above contraband, details pertaining to two persons
namely one Javed Basha and Azhar Basha, both residents of Chennai
connected to booking of the seized parcel was forwarded to NCB,
NDPS BA 387.24
3
Chennai. Accordingly, the addresses of the above two persons were
identified by the officers of NCB, Chennai and served the notices u/sec.
67 of the NDPS Act, 1985 as amended on dated 22.01.2024 to the
Javed Basha and Azhar Basha. Thereafter, they were arrested.
Investigation in this case is at preliminary stage. The revelations made
by the abovesaid persons are required to be verified. Their associates
are required to be trace out. During the investigation statement of one
Dheeraj Chawala, an agent of Krishna Agency has been recorded before
the Chief Metropolitan Magistrate, Mumbai. He has identified coaccused i.e. accused no.2. The abovesaid persons have direct physical
control over the said controlled substances. The present applicant had
accompany with with accused no.2 from Chennai Railway Station to
Nagpur during transportation of the seized controlled substances. He
also facilitate accused no.2 and main supplier to use his photograph for
booking
the
seized
controlled
substance
to
foreign
country.

Accordingly, applicant is involved in this case for conspiracy, distribution
and transportation of 3.88 kgs. of contraband Pseudoephedrine. Offence
is serious. If the applicant is released on bail he may repeat commission
of crime, may abscond, pressurise the prosecution witnesses and tamper
prosecution evidence Therefore, the bail application may be rejected.
4.

The learned counsel for the applicant submits that the
applicant has not committed any crime and that he has been falsely
implicated in this case. The alleged contraband is controlled substance.
Therefore, bar u/sec. 37 of the NDPS Act would not be applicable to the
facts of the present case. The applicant has clean antecedent and well
rooted in the society. The applicant is ready to furnish surety and abide
by conditions of the bail bonds. Ld. Counsel for the applicant relied
upon following rulings in the case of (i). Noor Mohammed Shaikh vs.

NDPS BA 387.24
4
NCB & Another in Cri. Appln. No. 1617/2011, (ii). Nwadibia Sabinus
Nnadi vs. Intelligence officer and another in B.A. No. 1466/2015, (iii).
Dinh Khac Cuong @ Tony vs. DRI, Mumbai & anr. in Cri. B.A. No.
250/2012, (iv). Faiyaz Ahmed Rasool Shaikh vs. Union of India in Cri.
Appln. No. 165/2011, (v). Rafael Garcia vs. Union of India in Cri.
Appln. No. 2015/2008, and (vi.) Ragib Rais Shaikh @ Sameer vs. State
of Maharashtra in Cri. B. A. No. 1080/202 and submitted that it is clear
from the abovesaid rulings that Pseudoephedrine is controlled substance
and therefore, bar u/sec. 37 is not applicable to the crime pertaining to
said controlled substance u/sec. 25A of the NDPS Act. Therefore, the
applicant may be released on bail.
5.

On the other hand, the learned SPP submits that the offece
is serious. Investigation is at initial statge. If the applicant is released on
bail, he may commit similar offence while on bail. He may tamper
prosecution evidence and pressurise the witnesses. Therefore, bail
application may be rejected.
6.

Considering the submissions from both sides and the fact
that the contraband allegedly seized in the present crime is
Pseudoephedrine. The same falls under the category of controlled
substance. Therefore, bar u/sec. 37 of the NDPS Act is not applicable to
the present case of the applicant. The applicant appears to be well
rooted in the society, I think it proper to release the applicant on bail by
imposing stringent conditions. Hence, I proceed to pass the following
order.
ORDER
1. Bail Application No. 387/2024 is hereby allowed.

NDPS BA 387.24
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2. The applicant/accused S Javeed Basha, arrested in F. NO.
NCB/MZU/CR-01/2024, shall be released on bail upon executing a
personal bond of Rs. 60,000/- and one or two solvent sureties of the
like amount, on the following conditions:
a.

The applicant/accused is directed to report office of NCB,
Mumbai Zonal Unit, Mumbai every Sunday between 10.00 a.m. to
11.00 a.m., till filling of the final report without fail.
b.

The applicant/accused is prohibited from leaving the jurisdiction
of Tamilnadu without explicit permission from the investigating officer
or the Court.
c.

The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicant/accused shall not tamper with
any evidence or documents related to the case.
d.

The applicant/accused must maintain a stable residence at his
current address in Tamilnadu, and is required to inform the court and
the investigating officer of any change in his residential address. The
accused shall furnish his active mobile number to the Investigating
Officer and shall also immediately report any change in his mobile
number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before the
Investigating Officer within a week and, if he does not possess any
NDPS BA 387.24
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passport, he shall file an affidavit to that effect before the Investigating
Officer.
g. The applicant/accused is prohibited from engaging in activities that
might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicant/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by him.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.
Date : 02.04.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 02.04.2024
: 06.04.2024
: 06.04.2024
: 06.04.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.04.2024
TIME
NAME OF STENOGRAPHER
03.40 p.m.

Mrs. S. W. Tuscano
NDPS BA 387.24
Name of the Judge
7
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
02.04.2024
Judgment/order uploaded on
06.04.2024
06.04.2024