MHNS010053292020
Mohammad Arif Mohammad Shafi … Applicant
V/s.
State of Maharashtra through P.I. … Respondent Mumbai Naka Police Station
Order below Exh. 1 in Cri. Bail Application No.1825/2020
1. This is an application u/sec. 439 of Code of Criminal Procedure for grant of bail in Crime No. 446/2020 registered at Mumbai Naka Police Station for commission of offence punishable under section 8(C), 22 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2.The prosecution case in nut shell is as under :
That on 19.12.2020 police received information in respect of sale of contraband article at Mumbai Naka, Nashik. In pursuance to the information one person namely Mohammad Imtiyaz Khalil Khan was apprehended by police at the given place. He was found in possession of mephedrone (MD Powder) weighing 22 Gm. and worth Rs. 88,000/. During the course of further investigation it was revealed that present applicant had procured the contraband article with the help of apprehended person. It was further revealed that present applicant had transported the article from Mumbai for sale at Nashik.
3.It is the contention of applicant that he has not committed any offence as alleged by the prosecution. There is nothing seized from his possession. Applicant is a driver who works with Ola company and has no nexus with the other arrested accused.
The alleged contraband article seized from possession of coaccused is less than commercial quantity. Applicant is behind bar since long and no purpose would be served by his further detention. He is permanent resident at Mumbra and there are dependents on him.
He is ready to abide by the conditions imposed for his release on bail.
He thus prays to allow the application.
4. Prosecution opposed the application on the ground that the present applicant has helped the coaccused to purchase the contraband article from one unknown person. Prosecution apprehend that the present applicant used his profession to transport such prohibited articles. The investigation is still in progress and applicant may tamper with the prosecution evidence if released on bail.
5.
Heard Advocate Shri. K.P. Shirode for applicant, A.P.P.
Smt. Sangale for State.
6.
The Advocate for applicant submits that the alleged article is seized from possession of coaccused. Applicant has no nexus with him. There is no incriminating evidence to connect the present applicant with the commission of offence. Applicant is behind bar since 19.12.2020. The investigation as regards the present applicant is practically completed. There is no reason to further detain the applicant. The Advocate for applicant further
3
submits that the seized article is 22 Gm. which is less than commercial quantity and therefore applicant may be released on bail.
In support of his submission he placed reliance on case of Jagan Parasram Chavan Vs. State of Maharashtra, LAWS (BOM) 2013
12 203. The Learned APP on the other hand opposed the application on the grounds mentioned in the report of investigation officer.
7.
Having considered the submissions of both sides the present applicant is apprehended on the basis on the information that he helped coaccused who was found in possession of 22 Gm. MD powder to procure it from one unknown person at Mumbai.
Applicant is detained since 19.12.2020 and having regard to the role attributed to him further detention does not appear necessary. The article is less than commercial quantity and thus the bar envisaged under section 37 of the NDPS Act is not applicable. In view of the reported case of Jagan (supra) the seized article is less than commercial quantity and the applicant deserves to be enlarged on bail. Having regard to the nature of accusations against the present applicant, the stage of investigation, the possibility of applicant not absconding from criminal justice and his permanent residence, he is entitled to be released on bail on certain conditions. In result I pass the following order :
O R D E R
(i) The application is allowed.
(ii) Applicant/accused is released on bail in C.R. No. 446/2020 registered at Mumbai Naka Police Station for commission of offence punishable under section 8(C), 22 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985, on his executing P.B. and S.B. of Rs. 20,000/ (Rs. Twenty Thousand Only.)
(iii) The applicant/accused shall attend concern police station on every Wednesday between 11.00 a.m. to 1.00 p.m. for next three months.
(iv) He shall not tamper with prosecution witnesses.
(Dictated and pronounced in open court) Digitally signed by Pradeep Pradeep Bhimrao Ghuge Bhimrao Ghuge Date: 2021.01.05 11:01:01 +0530 (P. B. Ghuge) Place : Nashik. Additional Sessions Judge,
Date : 04012021. Nashik.