Mohd Firoz Abdul Shakur Sayed v. State of Maharashtra
Case brief
What is this about?
Regular bail granted; NDPS Act; Section 483 BNSS; no recovery of contraband from accused; indictment solely on co-accused's Section 67 NDPS disclosure statement; Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1 relied on; Section 25 Indian Evidence Act inadmissibility at bail stage; Section 37 NDPS rigour urged by prosecution but bail allowed; investigation complete, chargesheet filed; 120 grams MD commercial quantity with accused No. 1; Rs. 22 Lakhs recovered from accused No. 3; bail conditions including P.R. Bond Rs.50,000/-, monthly trial Court attendance, passport deposit, bar on entering South DCP Zone (I) and (II) Mumbai; C.R. No. 102/2023 ANC Azad Maidan Unit; NDPS Special Case No. 1175/2024; accused Nos. 1 and 3; WhatsApp conversation; NDPS antecedents in JJ Marg Police Station.
What did the court decide?
Bail Application allowed: Applicant to be released on bail on furnishing P.R. Bond of Rs.50,000/- with one or two sureties in the like amount, subject to conditions: furnishing residence address to Police Station and trial Court; reporting to the Investigating Officer as called; attending trial Court on first Tuesday of every month between 11.00 a.m. and 1.00 p.m.; cooperating with trial and not seeking unnecessary adjournments; not leaving Maharashtra without prior permission of the Trial Court; depositing passport (if any) with trial Court within 2 weeks of release; not influencing witnesses or tampering with evidence; not entering the jurisdiction of South DCP Zone (I) and (II) of the Mumbai region until completion of trial save to attend the Police Station as directed; infraction of conditions or two consecutive defaults in marking attendance to attract Section 439(2) Cr.P.C. for cancellation of bail.