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MHCC020018332024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 262/2024
IN
C. R. NO. 25 OF 2024
Shahanaj Yusuf Shaikh
Age : 50 yrs.
R/o : R. No.8,
Behind Baptista Chawl,
Shivaji Nagar, Gate No.3,
Malad (W), Madh Island,
Mumbai – 400 095.

… Applicant/accused no.3
V/s.
The State of Maharashtra
(Malvani Police Station )
… Respondent
Appearance :Mr. Kiran Gogavale, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
04.03.2024
ORDER
The applicant Shahanaj Yusuf Shaikh has filed the instant
application under Section 439 of the Code of Criminal Procedure, 1973
for the grant of regular bail in connection with Crime No.25/2024
registered under Sections 8(c) r/w 20, 22, 22(b) & 29 of the Narcotic
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Drugs and Psychotropic Substances Act, 1985 with the Malvani Police
Station, Mumbai.
2.

In brief, the applicant claims that she has not committed
any crime and that she has been falsely implicated in this case. Police
have seized 20 gms. of MD and 250 gms. of Ganja from the applicant.
Therefore, rigors u/sec. 37 of the NDPS Act would not be applicable to
the facts of the present case. The applicant has a permanent place of
abode in Mumbai. The applicant has a clean record. She is ready to
furnish surety as directed by this Court and abide by the conditions of
the bail bonds. Therefore, the bail application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 05.01.2024,
accused no.1 Awtar Shaikh was found possessing 1 gm. MD and he
made statement that he bought MD from accused no.2 Noor Chaudhari
and in the investigation, he was found possessing 503 gms. of MD.
Thereafter, in the further investigation, he stated that he had sold the
contraband to the applicant for two to three times. Accordingly
applicant was arrested and she was found possessing 20 gms. of MD
and 250 gms. of Ganja. Said contraband was seized under panchanama.
It has been transpired from the investigation that applicant has
frequently sold the contraband MD purchased by her from accused
no.2. If the applicant is released on bail, she may repeat the commission
of crime. Son-in-law of the applicant is having antecedent of 8 crimes
under NDPS Act. Therefore, deep investigation in the crime is required.
Therefore, the bail application may be rejected.
4.

Learned Counsel for the applicant submits that the
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applicant has not committed any crime and she has been falsely
implicated in this case. The contraband allegedly recovered from the
applicant does not exceed the limits of commercial quantity. Therefore,
rigors of sec. 37 would not be applicable merely because the applicant
purchased the contraband from accused no.2. The applicant cannot be
denied bail since the quantity recovered from accused no.2 is
commercial quantity. Ld. Counsel for the applicant has placed reliance
on the ruling Sangeeta Y. Gaikwad vs. The State of Maharashtra in Cri.
Application No. 2597/2006 decided on 03.08.2006
5.

On the other hand, the learned APP Mr. Shankar Erande
submits that the quantity recovered from applicant is intermediate
quantity. However, applicant was working in association with accused
no.2, with whom commercial quantity of contraband has been found.
Offence is serious. If she is released on bail, she may commit similar
offence while on bail. Since the investigation is yet to be carried out, the
application may be rejected.
6.

Considering the submissions from both sides and the fact
that the quantity allegedly recovered from the applicant is a noncommercial quantity. Having regard to the Hon’ble High Court’s ruling
cited supra, in my opinion, bail cannot be denied to the applicant
applying sec. 29 of the NDPS Act. The applicant is well rooted in the
society having permanent place of abode, I think it proper to release the
applicant on bail by imposing stringent conditions. Co-accused has been
released on bail, who was found possessing small quantity of
contraband. Hence, I proceed to pass the following order.
ORDER
1. Cri. Bail Application No. 262/2024 is hereby allowed.

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2. The applicant/accused Shahanaj Yusuf Shaikh, arrested in Crime No.
25/2024, shall be released on bail upon executing a personal bond of
Rs. Sixty Thousand, along with a solvent surety bond of the same
amount, to ensure her appearance at all required times during the legal
proceedings, subject to the following conditions:
a.

The applicant/accused is directed to report to the Malvani Police
Station 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 Mumbai 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 her
current address in Malad (W), Mumbai, and is required to inform the
court and the investigating officer of any change in her residential
address. The accused shall furnish her active mobile number to the
Investigating Officer and shall also immediately report any change in
her mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.

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f. The applicant/accused shall surrender her passport, if any, before the
Investigating Officer within a week and, if she does not possess any
passport, she 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 her.
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 : 04.03.2024
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)
: 04.03.2024
: 18.03.2024
: 18.03.2024
: 18.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
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19.03.2024
11.55 a.m.

Name of the Judge
Mrs. S. W. Tuscano
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
04.03.2024
Judgment/order uploaded on
19.03.2024
18.03.2024