Final Order 1

Order Details: Bail Order
Pdf Text: 1 C. C. No. 1158/BA/2026
C. C. No. 1157/BA/2026
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
19TH COURT ESPLANADE, MUMBAI
R. A. NO. 674 OF 2026
Ms. Iswarya Selvaraj
Ms. Zuwairiya Abdul Huck … Applicants/Accused
V/s.
Union of India
Through AIU, Mumbai … Respondent
COMMON ORDER BELOW BAIL APPLICATIONS
1] The applicants/accused Ms. Iswarya Selvaraj and Ms.
Zuwairiya Abdul Huck have filed these applications for bail. The
accused are apprehended for commission of an offence under Section
20 (b), 23 (b), 28, 29, 30, 35, 54 r/w Section 8 (c) of NDPS Act, 1985.
It has been alleged by prosecution that, accused Ms. Iswarya Selvaraj
was found in possession of 976 grams of hydroponic weed and accused
Ms. Zuwairiya Abdul Huck was found in possession of 984 grams of
hydroponic weed which is a narcotic substance. As per request of IO,
accused is remanded to Magisterial custody.
2] Perused applications and say.
3] Heard Ld. counsel for accused/applicants and Ld. Special
PP Shri. R. K. Pathak at length. The counsel for accused prayed for
allowing the applications. On the other hand the Ld. Special PP has
prayed for rejection of the same. Here it is not in dispute that, the
contraband substance is already seized by AIU. After production of
accused before this court the AIU has claimed Magisterial custody. Thus
itself from the stand taken by AIU it seems that, the presence of accused
is not necessary with investigating agency for further investigation. The
-- 1 of 3 --
2 C. C. No. 1158/BA/2026
C. C. No. 1157/BA/2026
individual seized contraband is of small in quantity. Prosecution has
filed separate pursis in this regard. Even though the investigation is in
progress, however, it will take time to complete the same.
4] The punishment provided for Section 23 (a) of NDPS Act
i.e. for small quantity substance is with R. I. for a term which may
extend to one year or with fine which may extend to 10,000/- rupees or
with both. The offence in question is triable by this court. Considering
the nature of offence, the punishment provided for the same, I think no
purpose would be served by keeping the applicants/accused behind bar
till submission of charge-sheet. So far as apprehension regarding
tampering the evidence or fleeing from justice is concerned the
stringent conditions can be imposed against the accused. Thus
considering the circumstances on record, accused are seems to be
entitle for bail. Hence, proceed to pass following order:-
COMMON ORDER
i. The bail applications are allowed.
ii. Accused namely Ms. Iswarya Selvaraj and Ms. Zuwairiya Abdul
Huck are released on bail on their executing P. R. Bond of Rs. 50,000/-
each (Rs. Fifty Thousand only each) with one solvent surety in like
amount of each.
iii. They shall not influence and tamper with the prosecution
witnesses and evidence. They shall co-operate for further investigation
of the case.
iv. They shall take prior permission of the court for travelling
abroad.
-- 2 of 3 --
3 C. C. No. 1158/BA/2026
C. C. No. 1157/BA/2026
v. Accused shall furnish their residential address with proof and
telephone/mobile number. They should also submit the residential
address proof of her blood relative. They shall not change said address,
telephone/mobile number without prior intimation in writing to the
Court and concern Department.
vi. The Affidavit, as directed by Hon’ble Supreme Court in the case of
Zeba Khan V/s State of Uttar Pradesh in Criminal Appeal No. 825/2026
(Arising out of SLP Criminal No. 12669 of 2025) will be part and parcel
of this bail order.
vii. The bail applications bearing no. 1158/BA/2026 and
1157/BA/2026 stands disposed off being allowed.
(Smt. Anuradha A. Pandule)
Date :23.07.2026 Additional Chief Judicial Magistrate,
19th Court, Esplanade, Mumbai.
-- 3 of 3 --