IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 846 OF 2022
IN
C. R. NO. 44 OF 2022
Sharif Ahmed Sagir Ahmed Qureshi
Age : 46 yrs.,
R/o : Room No.5, Ramgad,
New Andheri plot,
Near public Bridge,
Jogeshwari (E), Mumbai.
…Applicant
V/s.
The State of Maharashtra
ANC, Kandivali Unit.
…Respondent
Appearance :Mr. Shinde, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 28th April, 2022
ORDER
The applicant/accused
Sharif Ahmed Sagir Ahmed
Qureshi has moved present application for bail u/sec. 439 of
Cr.P.C., who was arrested on 8.4.2022 by officer of ANC,
Kandivali Unit for offence punishable u/sec. 8(c) r/w 22(b) of
NDPS Act, 1985.
2.

It is the case of the prosecution that on 7.4.2022 at about
22.10 p.m., the officers of ANC, Kandivali Unit whilst on the
patrolling duty they found one person i.e. present applicant in
suspicious manner near shop no.6, opp. Metro Masala Shop,
beside Libra Co-op. Housing Society, Snajay Nagar Naka, Malad
(E), Mumbai.

Hence, his search was undertaken, wherein 5
-2-
gms. of MD was found in seven zip lock plastic pouches.

Said
contraband came to be seized under panchanama and FIR came to be
registered against applicant/accused.
3.

The present applicant/accused has sought bail on the grounds
that he is falsely implicated and is being victimized in the present case.
Quantity of contraband MD recovered from the possession of the
present applicant is 5 gms., which falls under category of intermediate
quantity and bar under sec. 37 of NDPS Act is not attracted. The
applicant is permanent resident of Mumbai and is not likely to abscond.
He is ready to abide by any condition imposed by the Court. Hence he
prayed for releasing him on bail.
4.

Application is opposed by filing say by respondent through APP
on the grounds that 5 gms. MD is recovered from the possession of
applicant and investigation as to from where he bought the contraband
is going on. If applicant is granted bail, he may commit similar offence
and
may abscond and
may not be available for trial. Hence,
application be rejected.
5.

Perused application and say. Heard both sides. Perusal of record
reveals that on 7.4.2022 the officers of respondent were performing
patrolling duty. While performing patrolling duty, they found applicant/
accused in suspicious condition, hence his search was taken. During
search, 7 zip lock plastic pouches containing MD was found in his
pant pocket, the weight of which was 5 gms. of MD. Same was seized
under panchanama by following necessary procedure and applicant
was placed under arrest.

-3-
6.

Now admittedly, the quantity of seized contraband is 5 gms. of
MD which falls under category of intermediate quantity and rigors of
Sec. 37 of NDPS Act are not attracted. Prosecution opposed the
application on the ground that investigation is in progress and if
applicant is granted bail, he may commit similar offence and he may
abscond.
7.

As discussed above, the alleged quantity of seized contraband is
5 gms. of MD which falls under category of intermediate quantity and
rigors of Sec. 37 of NDPS Act are not attracted. Now, recovery is
completed and nothing is remained to be recovered. No purpose would
serve by keeping the applicant behind the bars. Further more, as
submitted by the applicant, he is permanent resident of Mumbai and he
is not likely to abscond and he is ready to abide by any condition
imposed by the Court. So far as apprehension of prosecution regarding
commission of offence by applicant and his absconding is concerned,
that can be taken care of by imposing necessary conditions. Hence I
hold that applicant is entitled to grant of bail. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 846/2022 is hereby allowed.
2. Applicant/accused Sharif Ahmed Sagir Ahmed Qureshi be released
in C.R. no.44/2022 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, Kadivali Unit on every
Friday between 1.00 p.m. to 4.00 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
-4-
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, B.A. No. 846/2022 is disposed of.
(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 28.04.2022
Dictated on
Transcribed on
Signed on
: 28.04.2022
: 28.04.2022
: 28.04.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
29.04.2022
TIME
NAME OF STENOGRAPHER
11.00 a.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
28.04.2022
Judgment/order uploaded on
29.04.2022
28.04.2022