IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 776 OF 2022
IN
C. R. NO. 290 OF 2022
Salim Mohammad Husain Qureshi
Age : 38 yrs.,
R/o : Room No.10, Jama Masjid Bldg.,
Chiragnagar, Ghatkopar (W),
Mumbai – 400 086.
…Applicant
V/s.
The State of Maharashtra
Dindoshi Police Stn.
…Respondent
Appearance :Mr. Qurban Hussain Kudle, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 27th April, 2022
ORDER
The applicant/accused Salim Mohammad Husain Qureshi
has moved present application for bail u/sec. 439 of Cr.P.C., who
was arrested on 25.3.2022 by Dindoshi Police Station for offence
punishable u/sec. 8(c) r/w 20(b) of NDPS Act, 1985.
2.

It is the case of the prosecution that on 24.03.2022 the
police staff of Dindoshi Police Station were on patrolling duty.
While performing patrolling duty, at about 1.30 a.m. they
suspected Auto Riksha bearing no. MH-02 CN 2646 and stopped
it and made enquiry with the persons in the Riksha and they
stated their names as Salim Mohammad Qureshi, Abdul Razzak
Mohammad Rafiq Shaikh and Salim Azam Shaikh. Police
-2-
Personnel discovered a blue bag from backside of Autoriksha containing
2 Kgs. of Ganja. Upon questioning the said persons about the Ganja,
the Autoriksha driver Salim Qureshi i.e. present applicant said that it
belongs to the passengers namely Abdul Shaikh and Saleem Shaikh and
they were carrying it. Upon enquiry with accused no.2 & 3 they told
that they have brought contraband from Ghatkopar. Thereafter, police
went to Ghatkopar along with accused persons and accused persons
showed the house of Mohd. Ali Nizamuddin Khan from whom they
bought the contraband. Thereafter, police arrested him. Then FIR came
to be registered against accused persons.
3.

The present applicant/accused has sought bail on the grounds
that he has been falsely implicated in the case and he has nothing to do
with the same. There is no nexus between the offence and him.
Applicant does not have any link with the offence. The alleged
contraband is recovered from other accused i.e. passengers seating in
the Autoriksha. Nothing is recovered from present applicant. Alleged
contraband recovered from Autoriksha is 2 kgs. of Ganja which falls
under category of non-commercial quantity and bar under sec. 37 of
NDPS Act is not attracted. The applicant is permanent resident of
Mumbai and not likely to abscond. Hence he prayed for releasing him
on bail.
4.

Application is opposed by filing say by respondent through APP
on the grounds that 2 kgs. of Ganja is recovered from the Autoriksha of
the applicant. The applicant used his Autoriksha for illegal transport of
contraband, Ganja. All accused are found together carrying and
possessing Ganja. Accused no.2 & 3 disclosed that they procured said
Ganja from Ghatkoper. If applicant is granted bail, he may assist wanted
-3-
accused and it may hamper investigation. Therefore, application be
rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that while performing patrolling duty, the police staff of
Dindoshi Police Station noticed Autoriksha in suspicious condition and
hence Autoriksha was stopped and persons sitting in the Auroriksha
were intercepted. During search, 2 kgs. of Ganja was recovered from
back side of Autoriksha i.e. from possession of accused no.2 & 3. Thus,
from the story of prosecution itself, it is revealed that the contraband is
recovered from possession of accused no.2 & 3. Nothing is recovered
from
present applicant.

It is pertinent to note that
applicant is
Autoriksha driver therefore, he is not supposed to have knowledge
regarding what is being carried by the passengers. As per the story of
prosecution itself, the Ganja is recovered from accused no.2 & 3 and
upon questioning about Ganja, accused no.1 i.e. present applicant he
stated that it belong to accused no.2 & 3. Accused no.2 & 3 stated that
they procured said Ganja from Ghatkoper. Thus, I find substance in the
submission made on behalf of applicant that prima-facie he has no
concern about the seized contraband and prima-facie there is no
evidence to show nexus of applicant with the seized contraband.
Further more, the quantity of seized contraband is 2 kgs. of Ganja
which is non-commercial quantity and bar u/sec. 37 of NDPS Act is not
applicable.
6.

Further more, as submitted by the applicant, he is permanent
resident of Mumbai and he is not likely to abscond and he is ready to
abide by any condition imposed by the Court. Hence I hold that
applicant is entitled to grant of bail. Hence I proceed to pass following
order :
-4-
ORDER
1. Bail Application no. 776/2022 is hereby allowed.
2. Applicant/accused Salim Mohammad Husain Qureshi be released in
C.R. no. 290/2022 on executing P. R. Bond of Rs. 20,000/- (Rs. Twenty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Dindoshi Police Station on every
Friday between 1.00 p.m. to 4.00 p.m. till filing of charge-sheet.
4. Applicant/accused and his sureties shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6.
Applicant/accused
shall
not
tamper
with
prosecution
witnesses/evidence in any manner and co-operate in early disposal of
trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8.Ld. Advocate for applicant/accused prayed for allowing provisional
cash bail for period of eight weeks. Hence, permission granted to
furnish provisional cash bail of Rs.20,000/- for period of eight weeks.
9. Accordingly, B.A. No. 776/2022 is disposed of.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 27.04.2022
Dictated on
Transcribed on
Signed on
: 27.04.2022
: 27.04.2022
: 27.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
29.04.2022
TIME
NAME OF STENOGRAPHER
11.00 a.m.

Mrs. S. W. Tuscano
-5-
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
27.04.2022
Judgment/order uploaded on
29.04.2022
27.04.2022