NDPS BA No.780/2023
..1..

in NDPS RA No.1081/2023
MHCC020133882023
Presented on
: 04-09-2023
Registered on : 04-09-2023
Decided on
: 30-09-2023
Duration
: 26 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.780 OF 2023
IN
NDPS REMAND APPLICATION NO1081 OF 2023
Mr. Sarib Mohammed Saeed Qureshi
Aged : 25 years, Occ: R/at : A/43, Room No.5, Deonar,
Municipal Colony, Deonar Govandi,
Mumbai.

)
)
)
)
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra
(At the instance of Shivaji Nagar police
station, Mumbai, vide Spl. LAC/C.R.
No.715/2023).

)
)
)
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Ms. Nagma Khan, 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
: 30/09/2023
NDPS BA No.780/2023
..2..

in NDPS RA No.1081/2023
ORAL ORDER
This is an application taken out by applicant/accused No.2
Sarib Mohammed Saeed Qureshi under section 439 of Code of Criminal
Procedure for enlarging him on bail in Spl. LAC/C.R. No.715/2023
registered at Shivaji Nagar police station, Mumbai for the offences
punishable under section 8(c) r/w section 22(b) 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.2 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.715/2023.
Learned Advocate for applicant/accused argued that, as per the
prosecution case, on 13/08/2023, 18 gram Mephedrone (MD) was
recovered from the possession of the co-accused No.1 Naeem Amin
Shaikh and during investigation at the instance of the co-accused No.1,
applicant/accused No.2 was apprehended on 16/08/2023 and 11 gram
Mephedrone
(MD)
was
recovered
from
his
possession.

The
applicant/accused No.2 Sharib Mohammed Saeed Qureshi during
investigation stated that, he had procured said Mephedrone (MD) from
the co-accused No.3 Karim Kazim Sayyad @ Nazim Bidi and therefore,
the co-accused No.3 was arrested and offence punishable under section
8(c) r/w section 22(b) and section 29 of NDPS Act is registered against
the applicant/accused. The quantity of contraband recovered is
NDPS BA No.780/2023
..3..

in NDPS RA No.1081/2023
intermediate quantity. Therefore, rigours of section 37 of the NDPS Act
are not applicable. Applicant/accused is resident of Mumbai. He 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.
4.

On the other hand, Ld. APP argued that, 18 gram
Mephedrone (MD) was recovered from the possession of the co-accused
No.1 Naeem Amin Shaikh and during investigation at the instance of
the co-accused No.1, 11 gram Mephedrone (MD) was recovered from
the possession of the applicant/accused No.2 Sharib Mohammed Saeed
Qureshi. There is positive material on record to show the nexus
between the applicant/accused and the co-accused. Moreover, coaccused No.3 Karim Kazim Sayyad @ Nazim Bidi has disclosed that, he
had purchased the Mephedrone (MD) from the wanted accused Arif and
Mushti. The wanted accused are yet to be arrested. The material on
record prima facie indicates the nexus between the applicant/accused
and the co-accused and the wanted accused. Investigation is in
progress. If the applicant/accused is released on bail at this stage the
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(b) and section 29 of NDPS Act, 1985.
The
cumulative
quantity
of
contraband
recovered
from
the
applicant/accused and co-accused is intermediate quantity. From prima
facie appreciation of material on record, it reveals that, the
applicant/accused is a drug peddler and involved in the sale of the
NDPS BA No.780/2023
..4..

in NDPS RA No.1081/2023
contraband. Considering the matter on record there appear no
substance in the contention of the applicant/accused that, there is no
positive material on record to show that, applicant/accused and coaccused had no any nexus and they hatched any conspiracy. The wanted
accused are yet to be arrested.
6.

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, the
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.
7.

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
NDPS BA No.780/2023
..5..

in NDPS RA No.1081/2023
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
8.

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
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

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.780/2023 of applicant/accused No.2
Sarib Mohammed Saeed Qureshi in Spl. LAC/C.R. No.715/2023
in NDPS RA No.1081/2023, is rejected.

2.

NDPS Bail Application No.780/2023 is disposed of accordingly.
(Pronounced in open Court)
KIRAN
PRAKASH
KSHIRSAGAR
Date : 30/09/2023.

Digitally signed by
KIRAN PRAKASH
KSHIRSAGAR
Date: 2023.09.30
15:58:28 +0530
(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
30/09/2023
Transcribed on
:
30/09/2023
Checked on
:
30/09/2023
Signed on
:
30/09/2023
NDPS BA No.780/2023
..6..

in NDPS RA No.1081/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
30.09.2023
TIME
NAME OF STENOGRAPHER
03.52 p.m.

Sanjay Baliram Kaskar
(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.

30/09/2023
Judgment/order signed by P.O
on
30/09/2023
Judgment/order uploaded on
30/09/2023