BA.No.703/2023
-1-
RA.No.814/2023
MHCC020123422023
Presented on
Registered on
Decided on
Duration
: 17-08-2023
: 17-08-2023
: 10-10-2023
: 0 years, 1 months, 24 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.703 OF 2023
IN
NDPS REMAND APPLICATION NO.814 OF 2023
Seema @ Reshma Arif Shirgaonkar
Age-43 years,
Add.-Plot No.07/G/3, Road No.1,
near Enfant School, Shivaji Nagar,
Govandi, Mumbai-43.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Shivaji Nagar Police
Station, vide CR.No.346 of 2023.)

.. Respondent.

Advocate Mr. Dilip Mishra for the Applicant/Accused.
APP Mr. Wajeed Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 10th October, 2023.
ORDER
1.

This is bail application by one Seema @ Reshma Arif Shirgaonkar
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RA.No.814/2023
who has been arrested in Special LAC/CR.No.346 of 2023, registered
with Shivaji Nagar Police Station for violation of offence punishable
under Section 8(c) read with Sections 22 and 29 of the Narcotic Drugs
and Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The brief facts of the case are as follow:
..

On 7.4.2023, PSI Saudagar attached to Shivaji Nagar Police
Station received a secret information that a substantial quantity of
Codeine Cough Syrup bottles are stored at a particular address at
Govandi. He communicated the information to his Superior Officer. As
per the direction received from the Superior officer, he arranged for
panch witnesses and raided the address mentioned in the information.
The two minors and one person by name Mohd. Raza Siraj Miya
Sayyed were found at the address. The search of that premises resulted
in recovery of 8 bags containing 1050 bottles of Codeine Phosphate.
The contraband was seized under panchanama and offence was
registered at Shivaji Nagar Police Station.

During the course of
investigation, it revealed that the contraband was owned by one
Sikander Sayyed and that contraband was sourced from another
accused by name Yusuf Naidu @ Anna.

During the course of
investigation the present applicant was shown as wanted accused and
she came to arrested on 15.6.2023.
3.

Heard the Counsel for the accused and APP for the State. Perused
say.
4.

The counsel for the accused has vehemently submitted that the
applicant was falsely framed. He has pointed out that the name of the
applicant never surface in the investigation right from 7.4.2023 to
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RA.No.814/2023
15.6.2023. In that period the wanted accused was shown as one Yusuf
Naidu. He has submitted that there is no recovery of any contraband
from the applicant nor her name was shown as absconding accused. He
has supported that there is no evidence which would connect that the
applicant is any way connected with the seized contraband or that he
had entered into any conspiracy with other accused.
5.

APP for the State has submitted that admittedly the name of the
applicant surface later on, initially her name was not appearing as a
wanted accused.

He has submitted that during the course of
investigation the role of the applicant came to the forefront. He has
taken the Court through the reply filed by the Investigating Officer and
submitted that in the reply the role of the applicant is set out in detail.
The role attributed to the applicant would show that she is the kingpin
of the syndicate which procures and circulate the narcotic substance
and that the seized contraband is a commercial quantity as a result bar
of Section 37 of the NDPS Act will apply.
6.

I have gone through the the say filed by the Investigating Officer,
the modus of the arrested accused was that the bottles of Codeine
Phosphate were brought from Gujarat.

The order was purportedly
placed by Shobha Chemist having office at Ulwe. The contraband was
shifted from Gujarat through Bhavna Roadways. The contraband was
then received by the present applicant from the office of Bhavna
Roadways at Uran. She used to carry same to Shobha Medical with her
and the stamp was fabricated. Using the fabricated rubber stamp the
applicant used to collect shipment of contraband. The Investigating
Officer have collected the mobile phone and the statements which
would show that the applicant had purchased some medicines from
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Shobha Chemist a newly open shop at Ulwe.

She had sent a
photograph of the bill to the accused Siddikali on the basis of the
photographs, the accused Siddikali made a false rubber stamp in the
name of Shobha Chemist, that stamp was used by the applicant to
receive the shipment sent from Gujarat in the name of Shobha Chemist.
The officers of Shivaji Nagar Police shown the rubber stamp to the
owner of the Shobha Chemist and he had told that the stamp was not
of his. Admittedly, no contraband was recovered from the applicant.
The role attributed to her is that she had collected the contraband from
Bhavna roadways by using the fabricated rubber stamp. The matter is
at nascent stage of the investigation. In such case considering that the
seized contraband is a commercial quantity it would not be appropriate
to release the accused on bail. The documents on record would show
that seized contraband is a commercial quantity.

The role of the
applicant is well defined and matter is under investigation. There is no
reason to believe that the applicant is not guilty of the offence for
which she has been charged. Hence, the application for bail stands
rejected and the following order is passed:
1.

Order
Bail Application No.703 of 2023 stands rejected.

2.

Bail Application No.703 of 2023 in NDPS Remand Application
No.814 of 2023 is disposed of.
AMIT V
KHARKAR
Date : 10.10.2023
Dictated on
: 10.10.2023
Transcribed on : 19.10.2023
HHJ signed on : 19.10.2023
Digitally signed
by AMIT V
KHARKAR
Date: 2023.10.19
11:11:09 +0530
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.703/2023
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RA.No.814/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19.10.2023/11.10 a.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 10.10.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
19.10.2023
JUDGMENT/ORDER uploaded on
19.10.2023