IN THE COURT OF SHRI AJAY KUMAR JAIN, ADDITIONAL SESSIONS

JUDGE, NDPS SPECIAL COURT, PATIALA HOUSE, NEW DELHI

SC No. 257/2019
FIR No. 150/2018
U/s 21,29 NDPS Act
PS SPECIAL CELL

IN THE MATTER OF :-

STATE V E R S U SABDUL RASHID AND ORS

Date of Filing- 29.07.2019

APPLICATION ON BEHALF OF APPLICANT/ACCUSED- ABDUL

RASHID s/o ABDUL GAFFUR FOR GRANT OF STATUTORY BAIL
U/S 167 (2) Cr.P.C.

RESPECTFULLY SHOWETH :-

1. The supra mentioned matter is pending hearing before this

Hon’ble Court. The applicant/accused- Abdul Rashid s/o
Abdul Gaffur, came to be arrested by Special Cell on
16.12.2018 and produced before this Hon'ble Court on
18.12.2019. After initial police remands he is in
judicial custody in connection with the supra mentioned
matter.

2. That from the date of his initial remand i.e. 18.12.2018

even after the expiry of statutory period of 180 days
which came to an end on 15.06.2019, the investigation
agency has not filed the police report as envisaged under
sections 2(r) and 173(2) CrPC in that no scientific
evidence in respect of the alleged recovery done from the
accused/applicant being in the nature of manufactured
drug (as required under section 21, NDPS Act, 1985) has
been filed. Per contra, even by its own admission, the
FSL reports to establish the same have not been filed.
Further, the State has not filed any application for
extension of time for completing investigation in terms
of section 36A (4), NDPS Act, 1985. Hence, at the time of
filing of the instant application (10 AM on 29.07.2019),
admittedly, section 2(r) and 173(2) of the Code and
 section 36A of NDPS Act have not been complied i.e.
investigation is incomplete and extension has not been
granted. Therefore, the accused/applicant has the right
to be enlarged on bail under section 167(2), CrPC on such
terms and conditions as this Hon’ble Court may deem fit.
Hence, vide the present Application, the
Applicant/Accused seeks to avail the said indefeasible
statutory right.

3. The maximum period of custody as per the mandate of

section 167 (2) Cr.P.C. expired on 15.06.2019 itself as
such the applicant/accused seeking statutory bail as a
matter of right in the light of law laid down by
Hon’ble Apex Court in (i) UDAY MOHANLAL ACHARYA V/S
STATE OF MAHARASHTRA-(2001) 5 SCC 453, (ii) SANJAY DUTT
V/S STATE THROUGH CBI, BOMBAY-(1994) 5 SCC 410, (iii)
HITENDRA VISHNU THAKUR AND ORS. V/S STATE OF
MAHARASHTRA AND ORS.-(1994) 4 SCC 602,(iv) SAYED MOHD.
AHMED KAZMI V/S STATE GNCTD & ORS.-2012 (8) SLT 277.
(v)SANJAY KUMAR KEDIA V/S INTELLIGENCE
OFFICER ,NARCOTICS CONTROL BEAREU AND Anr.as well as
the law laid down by the Division Bench of the Hon’ble
Punjab and Haryana High Court in the recent judgement
in Ajit Singh @ Jeeta and. Anr. v/s State of Punjab,
Criminal Revision No.4659 of 2015 pronounced on 39

30.11.2018.

4. The applicant/accused is ready and willing to abide by

any/every condition imposed on him and to furnish bail
bonds and sureties to the satisfaction of this Hon'ble
Court.

P R A Y E R

In the light of the facts and circumstance narrated

above it is most respectfully prayed before this Ld.
Court that it may please to :-
 a) Order the release of the applicant/accused as
per the mandate of section 167 (2) Cr.P.C.;

b) Accept the bail bonds being furnished by the

applicant/accused;

c) Pass any other order deemed necessary in the

interest of justice.

It is prayed accordingly.

THROUGH,

COUNSEL

PLACE : DELHI SHARIQ NISAR, YASHOVARDHAN OZA &

DATED :15/07/2019 RUDRO CHATTERJEE
C-66, SECOND FLOOR,
NIZAMUDDIN EAST, NEW DELHI
PH.NO.7678335636

IN THE COURT OF SHRI AJAY KUMAR JAIN, ADDITIONAL SESSIONS

JUDGE, NDPS SPECIAL COURT, PATIALA HOUSE, NEW DELHI

SC No. 257/2019
FIR No. 150/2018
U/s 21,29 NDPS Act
PS SPECIAL CELL

IN THE MATTER OF :-
STATE V E R S U SABDUL RASHID AND ORS

Date of Filing- 29.07.2019

APPLICATION ON BEHALF OF APPLICANT/ACCUSED- MOHD.

NAZIM s/o PEER MOHD. FOR GRANT OF STATUTORY BAIL U/S
167 (2) Cr.P.C.

RESPECTFULLY SHOWETH :-

1. The supra mentioned matter is pending hearing before

this Hon’ble Court. The applicant/accused- Mohd. Nazim
s/o Peer Mohd., came to be arrested by Special Cell on
16.12.2018 and produced before this Hon'ble Court on
18.12.2019. After initial police remands he is in
judicial custody in connection with the supra mentioned
matter.

2. That from the date of his initial remand i.e. 18.12.2018

even after the expiry of statutory period of 180 days
which came to an end on 15.06.2019, the investigation
agency has not filed the police report as envisaged under
sections 2(r) and 173(2) CrPC in that no scientific
evidence in respect of the alleged recovery done from the
accused/applicant being in the nature of manufactured
drug (as required under section 21, NDPS Act, 1985) has
been filed. Per contra, even by its own admission, the
FSL reports to establish the same have not been filed.
Further, the State has not filed any application for
extension of time for completing investigation in terms
of section 36A (4), NDPS Act, 1985. Hence, at the time of
filing of the instant application (10 AM on 29.07.2019),
admittedly, section 2(r) and 173(2) of the Code and
section 36A of NDPS Act have not been complied i.e.
investigation is incomplete and extension has not been
granted. Therefore, the accused/applicant has the right
to be enlarged on bail under section 167(2), CrPC on such
terms and conditions as this Hon’ble Court may deem fit.
Hence, vide the present Application, the
 Applicant/Accused seeks to avail the said indefeasible
statutory right.

3. The maximum period of custody as per the mandate of

section 167 (2) Cr.P.C. expired on 15.06.2019 itself as
such the applicant/accused seeking statutory bail as a
matter of right in the light of law laid down by
Hon’ble Apex Court in (i) UDAY MOHANLAL ACHARYA V/S
STATE OF MAHARASHTRA-(2001) 5 SCC 453, (ii) SANJAY DUTT
V/S STATE THROUGH CBI, BOMBAY-(1994) 5 SCC 410, (iii)
HITENDRA VISHNU THAKUR AND ORS. V/S STATE OF
MAHARASHTRA AND ORS.-(1994) 4 SCC 602,(iv) SAYED MOHD.
AHMED KAZMI V/S STATE GNCTD & ORS.-2012 (8) SLT 277.
(v)SANJAY KUMAR KEDIA V/S INTELLIGENCE
OFFICER ,NARCOTICS CONTROL BEAREU AND Anr.as well as
the law laid down by the Division Bench of the Hon’ble
Punjab and Haryana High Court in the recent judgement
in Ajit Singh @ Jeeta and. Anr. v/s State of Punjab,
Criminal Revision No.4659 of 2015 pronounced on
30.11.2018.

4. The applicant/accused is ready and willing to abide by

any/every condition imposed on him and to furnish bail
bonds and sureties to the satisfaction of this Hon'ble
Court.

P R A Y E R

In the light of the facts and circumstance narrated

above it is most respectfully prayed before this Ld.
Court that it may please to :-

d) Order the release of the applicant/accused as

per the mandate of section 167 (2) Cr.P.C.;

e) Accept the bail bonds being furnished by the

applicant/accused;

f) Pass any other order deemed necessary in the

interest of justice.

It is prayed accordingly.
 THROUGH,

COUNSEL

PLACE : DELHI SHARIQ NISAR, YASHOVARDHAN OZA &

DATED :15/07/2019 RUDRO CHATTERJEE
C-66, SECOND FLOOR,
NIZAMUDDIN EAST, NEW DELHI
PH.NO.7678335636

IN THE COURT OF SHRI AJAY KUMAR JAIN, ADDITIONAL SESSIONS

JUDGE, NDPS SPECIAL COURT, PATIALA HOUSE, NEW DELHI

SC No. 257/2019
FIR No. 150/2018
U/s 21,29 NDPS Act
PS SPECIAL CELL

IN THE MATTER OF :-

STATE V E R S U SABDUL RASHID AND ORS

Date of Filing- 29.07.2019

APPLICATION ON BEHALF OF APPLICANT/ACCUSED- ARBAZ

MOHD. s/o. EHSAN MOHD. FOR GRANT OF STATUTORY BAIL
U/S 167 (2) Cr.P.C.

RESPECTFULLY SHOWETH :-

1. The supra mentioned matter is pending hearing before

this Hon’ble Court. The applicant/accused- Arbaz Mohd.
s/o Ehsan Mohd., came to be arrested by Special Cell on
16.12.2018 and produced before this Hon'ble Court on
 18.12.2019. After initial police remands he is in
judicial custody in connection with the supra mentioned
matter.

2. That from the date of his initial remand i.e. 18.12.2018

even after the expiry of statutory period of 180 days
which came to an end on 15.06.2019, the investigation
agency has not filed the police report as envisaged under
sections 2(r) and 173(2) CrPC in that no scientific
evidence in respect of the alleged recovery done from the
accused/applicant being in the nature of manufactured
drug (as required under section 21, NDPS Act, 1985) has
been filed. Per contra, even by its own admission, the
FSL reports to establish the same have not been filed.
Further, the State has not filed any application for
extension of time for completing investigation in terms
of section 36A (4), NDPS Act, 1985. Hence, at the time of
filing of the instant application (10 AM on 29.07.2019),
admittedly, section 2(r) and 173(2) of the Code and
section 36A of NDPS Act have not been complied i.e.
investigation is incomplete and extension has not been
granted. Therefore, the accused/applicant has the right
to be enlarged on bail under section 167(2), CrPC on such
terms and conditions as this Hon’ble Court may deem fit.
Hence, vide the present Application, the
Applicant/Accused seeks to avail the said indefeasible
statutory right.

3. The maximum period of custody as per the mandate of

section 167 (2) Cr.P.C. expired on 15.06.2019 itself as
such the applicant/accused seeking statutory bail as a
matter of right in the light of law laid down by
Hon’ble Apex Court in (i) UDAY MOHANLAL ACHARYA V/S
STATE OF MAHARASHTRA-(2001) 5 SCC 453, (ii) SANJAY DUTT
V/S STATE THROUGH CBI, BOMBAY-(1994) 5 SCC 410, (iii)
HITENDRA VISHNU THAKUR AND ORS. V/S STATE OF
MAHARASHTRA AND ORS.-(1994) 4 SCC 602,(iv) SAYED MOHD.
 AHMED KAZMI V/S STATE GNCTD & ORS.-2012 (8) SLT 277.
(v)SANJAY KUMAR KEDIA V/S INTELLIGENCE
OFFICER ,NARCOTICS CONTROL BEAREU AND Anr.as well as
the law laid down by the Division Bench of the Hon’ble
Punjab and Haryana High Court in the recent judgement
in Ajit Singh @ Jeeta and. Anr. v/s State of Punjab,
Criminal Revision No.4659 of 2015 pronounced on
30.11.2018.

4. The applicant/accused is ready and willing to abide by

any/every condition imposed on him and to furnish bail
bonds and sureties to the satisfaction of this Hon'ble
Court.

P R A Y E R

In the light of the facts and circumstance narrated

above it is most respectfully prayed before this Ld.
Court that it may please to :-

g) Order the release of the applicant/accused as

per the mandate of section 167 (2) Cr.P.C.;

h) Accept the bail bonds being furnished by the

applicant/accused;

i) Pass any other order deemed necessary in the

interest of justice.

It is prayed accordingly.

THROUGH,

COUNSEL

PLACE : DELHI SHARIQ NISAR, YASHOVARDHAN OZA &

DATED :15/07/2019 RUDRO CHATTERJEE
C-66, SECOND FLOOR,
NIZAMUDDIN EAST, NEW DELHI
PH.NO.7678335636