Cri. BA No.1615/2022
..1..

in C.R. No.783/2022
MHCC020087482022
Presented on
Registered on
Decided on
Duration
: 30-06-2022
: 30-06-2022
: 06-07-2022
: 00 month, 06 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1615 OF 2022
IN
C.R. NO.783 OF 2022
Shaikh Iqbal Mohammad Ali
Aged about 30 years
R/at : B-1,/61, Bhagat Singh Near
Kumbharwada, Near Dharavi,
Mumbai – 400 017
)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra,
)
( At the instance of Dharavi police station )
Mumbai vide C.R. No.783/2022 )
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Mr. Kamlesh Satre, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 06/07/2022
ORAL ORDER
This is an application for releasing applicant/accused
Shaikh Iqbal Mohammad Ali on bail.

Cri. BA No.1615/2022
2.

..2..

in C.R. No.783/2022
Applicant/accused submits that, an offence No.783/2022
punishable under section 8(c) r/w 21(b) and 29 of the NDPS Act was
registered against him. He was arrested and produced before Ld.
Metropolitan Magistrate on 18.06.2022. Presently he is in MCR. It is
case of the prosecution that, on 17.06.2022 Police Inspector Bharat
Salgar of Dharavi police station nabbed him and it is alleged that, in
personal search of applicant/accused 5 grams Mephedrone (MD) was
seized from him.
3.

Applicant/accused further submitted that, he has been
falsely implicated in this case. Mephedrone (MD) allegedly seized from
him is less than commercial quantity. There is no compliance of section
42(2) of NDPS Act. He is permanent resident of Mumbai. He resides
with his family and he is bread winning member of his family. There is
no possibility of his fleeing away from process of law. He is ready to
abide by all conditions those may be imposed by this Court and furnish
surety. He prayed accordingly.
4.

Prosecution resisted this application by filing report of
Investigating Officer (Exh-02) countersigned by Ld. Additional Public
Prosecutor on the grounds mentioned therein. I have heard both sides.
I have given thoughtful consideration to submissions of both sides.
5.

In this matter Mephedrone (MD) allegedly seized from
applicant/accused is less than commercial quantity. Therefore, section
37 of the NDPS Act is not applicable in this case. Applicant/accused is
permanent resident of Mumbai. He has filed copy of Aadhar Card to
show that, he is permanent resident of Mumbai. He is ready to furnish
surety and abide by all conditions those may be imposed by this Court
Cri. BA No.1615/2022
..3..

in C.R. No.783/2022
while releasing him on bail. Investigation and trial will take time to
reach to their conclusion. It will not be proper to detain the
applicant/accused behind bars during this entire period. Therefore, this
is a fit case to exercise discretion in favour of the applicant/accused.
Hence, I pass following order.

ORDER
1. Criminal Bail Application No.1615/2022 in C.R. No.783/2022, is
allowed.
2. Applicant/accused Shaikh Iqbal Mohammad Ali, is released in C.R.
No.783/2022 on executing P. R. Bond of Rs.25,000/- (Rs. Twenty
Five Thousand only) with one or more solvent sureties in the like
amount, on following conditions.
3. Applicant/accused shall not indulge any activity which shall hamper
the course of investigation and he shall appear before Trial Court
regularly.
4. Applicant/accused shall not tamper with evidence of prosecution.
5. Applicant/accused shall appear before the Investigating Officer once in a
week till filing of charge-sheet.
6. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.07.13
15:08:28 +0530
Date : 06/07/2022.

Dictated on
Typed on
Signed on
: 06/07/2022
: 08/07/2022
: 11/07/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1615/2022
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in C.R. No.783/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
13.07.2022
TIME
NAME OF STENOGRAPHER
03.07 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. V.G. RAGHUWANSHI
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

06/07/2022
Judgment/order signed by P.O on
11/07/2022
Judgment/order uploaded on
13/07/2022