IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 938 OF 2022
IN
C. R. NO. 153 OF 2022
Mohammad Mohiuddin Khurshid Shaikh @ Pappu
Age : 26 yrs., Occu.: Service
R/o : Plot no.3,
Gate no.6, Bhimnagar Zopadpatti,
Mumbai.
…Applicant
V/s.
The State of Maharashtra
Malvani Police Station
…Respondent
Appearance :Mr. Kiran, Adv. for applicant/accused.
Mr. Rajput, APP for respondent/State.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 6th May, 2022
ORDER
The applicant/accused Mohammad Mohiuddin Khurshid Shaikh
@ Pappu has moved present application for bail u/sec. 439 of Cr.P.C.,
who was arrested on 16.04.2022 by officers of Malvani Police Station
in C.R. No. 153/2022 for offence punishable u/sec. 8(c) r/w 21(b) of
NDPS Act, 1985.
2.

The case of the prosecution in short is that on 16.04.2022 at
about 12.20 hrs., PI Patil with other police staff attached to the crime
branch unit XI left from the unit to trace wanted accused and to catch
narcotic drug dealer in
their jurisdiction. At about 12.55 hrs. they
reached at Gate no.6, Divya Bar, Malvani, Malad (W), Mumbai, where
they saw a person in suspicious manner. Hence panchas were called
and after giving appraisal of his legal right, search of accused/present
applicant was taken. Accused was found in possession of yellow bag in
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his right hand containing 66.15 gms. of Heroin. Said contraband
was seized under panchanama and accused came to be arrested.
3.

The present applicant/accused has sought bail on the
grounds that he has been falsely implicated in the present crime.
The alleged contraband recovered from the
present applicant
accused is 66.15 gms. of Heroin, which falls under, category of
non-commercial quantity and hence does not attract the stringent
provision of sec. 37 of NDPS Act, 1985. The applicant is
permanent resident of Mumbai and is not likely to abscond. He
undertakes to abide by any terms and condition imposed by the
Court. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that investigation is in progress and applicant is not cooperating in investigation. The applicant is dealing in the
business of contraband. Further four cases are registered against
the accused out of which two
cases are under NDPS Act. If
applicant/accused is released on bail he may not be available for
trial and he may indulge in similar kind of offence. Hence
application be rejected.
5.

Perused application and say. Heard both sides. Perusal of
record reveals that whilst on patrolling duty, officers of Malvani
Police Station apprehended applicant/accused with possession of
66.15 gms. of Heroin, which came to be seized under
panchanama. Now, the quantity of contraband recovered from
the applicant is non-commercial quantity. Hence stringent
provisions of Sec. 37 of NDPS Act are not applicable.

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6.

Prosecution opposed the application on the ground that
applicant is habitual offender and there are four cases, out of
which, two under IPC and two under NDPS Act registered against
the applicant and if he is granted bail, he may commit similar
offence. However, it is submitted on behalf of applicant that he
is not convicted for any offence. This fact is not disputed by Ld.
APP during course of argument. Hence I am of the opinion that
applicant cannot be denied bail merely because some cases are
registered against him, if otherwise he is entitled to be released
on bail.
7.

As stated above, the quantity of Heroin seized from the
applicant falls under non-commercial quantity and rigors of Sec.
37 of NDPS Act are not applicable. Now, already recovery is
completed and nothing is remained to be recovered. Further
more, applicant has a permanent address in the Mumbai and he
is not likely to abscond. Further, applicant is ready to abide by
any condition imposed by the Court. No purpose will be served
by keeping the applicant in the custody. Hence I hold that
application deserves to be allowed and applicant is entitled to be
released on bail. Hence I proceed to pass following order :
ORDER
1. Bail Application no. 938/2022 is hereby allowed.
2. Applicant/accused Mohammad Mohiuddin Khurshid Shaikh @
Pappu be released in C.R. No. 153/2022 on executing P. R. Bond
of Rs.30,000/- (Rs. Thirty Thousand only) with one or two
sureties in the like amount.
3. Applicant/accused to attend Malvani Police Station on every
Friday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet.

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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
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. 30,000/- for
period of eight weeks.
9. Accordingly, Bail Application no. 938/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Mumbai.

Date : 06.05.2022
Dictated on
Transcribed on
Signed on
: 06.05.2022
: 06.05.2022
: 06.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.05.2022
TIME
NAME OF STENOGRAPHER
5.30 p.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
06.05.2022
Judgment/order uploaded on
06.05.2022
06.05.2022
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