Bombay High Court
Nasim Banu @ Lali Abdul Gani Shaikh vs The State Of Maharashtra on 31 March, 2021
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1721 OF 2020
Nasim Banu @ Lali Abdul Gani Shaikh Applicant
versus
The State of Maharashtra Respondent
Mr.Ayaz Khan for applicant.
Mr.A.R.Kapadnis, APP, for State.
Ms.Ashwini R.Kusurkar, API, ANC, Navi Mumbai.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st March 2021
PC :
1. The applicant is arrested on 25 th September 2019 in
connection with CR No.I-223 of 2019 registered with Turbhe MIDC
Police Station for offences under Sections 8(C), 20, 21(B), 29 of
NDPS Act.
2. The case of prosecution is that information was received on
25th September 2019 that a lady is likely to sell narcotic drug in front
of her house. The information was intimated to Senior Police
Inspector and recorded in the information book. Panchas were
summoned. The raiding party proceeded for raid. The applicant was
apprehended. She was allegedly found in possession of 70 grams of
Amphetamine weighing about 70 grams. Search of applicant's
premises was conducted, which resulted in recovery of 2 kgs 300
grams of Ganja. On completing investigation charge sheet was filed.
Accused nos.2 and 3 were also apprehended on the spot along with
applicant and there is recovery of Ganja from them. Accused no.2
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was found in possession of 2 kgs 300 grams of Ganja, whereas
accused no.3 was found in possession of 1 kg 300 grams of Ganja.
3. The applicant and co-accused had preferred application for
bail. The co-accused were granted bail by Special Judge while
application of applicant was rejected. It is pertinent to note that
amphetamine allegedly recovered at the instance of applicant was a
commercial quantity. However, subsequently Chemical Analyser's
report was received by investigating agency. The report is placed on
record. In the said report it is mentioned that Heroin is detected in
sample forwarded for examination. The contention of the applicant
is that commercial quantity as stipulated in the schedule of NDPS Act
for Heroin is 250 grams. Thus, 70 grams of Heroin would be a non-
commercial quantity. Rigours of Section 37 are not attracted. Hence
applicant may be released on bail.
4. Learned APP submitted that discretion of grant of bail should
not be exercised in favour of applicant. In the past he was involved
in two cases. There is recovery of Ganja as well as Heroin in
possession of applicant.
5. Learned counsel for applicant pointed out that in the past
applicant was prosecuted for two offences. In both the cases
applicant was acquitted. He tendered copies of judgments of
acquittal. It is pertinent to note that the co-accused who were
arrested with applicant and found in possession of Ganja, were
granted bail by Special Court. In view of the fact that CA report
indicates that the recovered contraband was Heroin weighing 70
grams which is non commercial quantity, the rigours of Section 37 of
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NDPS Act would not be attracted in this Case. The applicant is in
custody from 25th September 2019. Hence, bail can be granted to
the applicant. Hence, I pass following order :
ORDER
(i) Bail Application is allowed and disposed of;
(ii) The applicant is directed to be released on bail in connection
with CR No.223 of 2019 registered with Turbhe MIDC Police Station,
Navi Mumbai, on executing PR bond in the sum of Rs.25,000/- with
one or more sureties in the like amount;
(iii) The applicant shall report Turbhe MIDC Police Station once in
three months on first Saturday between 11 am and 1 pm till further
orders.
(PRAKASH D. NAIK, J.)
MST
