IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 822 OF 2022
IN
C. R. NO. 42 OF 2022
Salim Nawab Ali Shaikh
@ Mohammed Salim Nawab Ali Shaikh
Age : 48 yrs., Occu.: Tailor
R/o : Room no.6, Hanumant Singh Chawl,
Kranti Nagar Road, Jogeshwari (W),
Mumbai – 400 102.
…Applicant
V/s.
The State of Maharashtra
ANC, Bandra unit
…Respondent
Appearance :Ms. Kadam, h/f Adv. Baraskar, for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 26th April, 2022
ORDER
The applicant/accused Salim Nawab Ali Shaikh has moved
present application for bail u/sec. 439 of Cr.P.C., who was arrested on
07.04.2022 by officers of ANC, Bandra Unit in C.R. No. 42/2022 for
offence punishable u/sec. 8(c) r/w 20(B) of NDPS Act, 1985.
2.

As per the case of the prosecution, on 07.04.2022 at around
14.30 hrs. the complainant and other police offices of ANC, Bandra unit
were on patrolling duty at MNP sports ground, K/W ward, Vikas Nagar,
Veera Desai, Beheram Baug, Jogeshwari (W), Mumbai – 400 102. At
about 16.50 hrs. the applicant was found in a suspicious condition. He
was apprehended with 2 kgs. of Ganja possessing in a nylon bag. Said
contraband came to be seized under panchanama by following
necessary procedure and applicant was placed under arrest on
07.04.2022.

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3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated in this case. The contraband allegedly
recovered from applicant falls under non-commercial quantity. Hence
Sec. 37 of NDPS Act is not applicable to the applicant. Custodial
investigation of the applicant is over. The applicant is permanent
resident of Mumbai and is not likely to abscond. He undertakes to
attend the Court regularly. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is contended
that investigation is in progress. If accused is released on bail he may
not be available for trial and he may indulge in similar kind of offence.
Hence application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that whilst on patrolling duty officers of ANC, Bandra unit
apprehended accused with possession of 2 kgs. of Ganja, which came to
be seized under panchanama. Now, the quantity of contraband
recovered from the applicant is non-commercial quantity. Hence
stringent provisions of Sec. 37 of NDPS Act are not applicable.
6.

Prosecution opposed the application on the ground that
investigation is in progress and charge-sheet is yet to be filed against
accused. However, this is not ground to deny the bail. Already recovery
is completed and nothing is remained to be recovered.

Further
applicant has no criminal antecedents.
7.

Further more, applicant has a permanent address in the Mumbai
and he is not likely to abscond. Applicant is ready to abide by any
conditions imposed by the Court. No purpose will be served by keeping
the applicant in the custody. Hence I hold that application deserves to
be allowed and applicant is entitled to be released on bail. Hence I
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proceed to pass following order :
ORDER
1. Bail Application no. 822/2022 is hereby allowed.
2. Applicant/accused Salim Nawab Ali Shaikh be released in C.R. No.
42/2022 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 office of ANC, Bandra unit on every
Thursday between 2.00 p.m. to 5.00 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, Bail Application no. 822/2022 is disposed off.

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

Date : 26.04.2022
Dictated on
Transcribed on
Signed on
: 26.04.2022
: 26.04.2022
: 26.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
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29.04.2022
11.00 a.m.

Name of the Judge
Mrs. S. W. Tuscano
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
26.04.2022
Judgment/order uploaded on
29.04.2022
26.04.2022