Mumbai, February 3, 2024: The Special Court for the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Bombay has rejected the bail application of Mohd. Yakub Mohd. Kasim Shaikh, who was arrested in connection with the possession of commercial quantities of contraband substances.
Case Background
Shaikh, aged 47, was apprehended by the Trombay Police on September 5, 2023, during a routine patrol. According to the prosecution, he was found carrying 38 bottles of Chlorpheniramine Maleate and Codeine Phosphate syrup (Welcyrex Cough Syrup), each containing 100 ml. Following this, an offense was registered against him under Section 8(c) read with Section 22(c) of the NDPS Act, which pertains to the possession and distribution of prohibited substances.
Legal Arguments
Shaikh’s counsel, Advocate Sandesh More, contended that his client had been falsely implicated in the case. He argued that the search and seizure were conducted by a Head Constable, who, according to the defense, was not an authorized officer under the NDPS Act. Additionally, the defense highlighted that Shaikh had no prior criminal record and was a resident of Mumbai willing to comply with any conditions imposed by the court.
The prosecution, represented by APP Rajput, opposed the bail application, asserting that the accused was found in possession of a commercial quantity of narcotics, triggering the stringent conditions of Section 37 of the NDPS Act. The prosecution further contended that the Head Constable who conducted the search acted under the instructions of a superior officer and was, therefore, authorized to do so.
Court’s Observations and Ruling
After reviewing the arguments and materials on record, Additional Sessions Judge K.P. Kshirsagar ruled that Shaikh failed to establish reasonable grounds for his innocence. The court noted that since a commercial quantity of contraband was recovered from his possession, the stringent conditions under Section 37 of the NDPS Act applied, making bail an exception rather than the rule.
The judge also emphasized that the prosecution had established reasonable grounds to believe that the accused was involved in the offense. Furthermore, the court expressed concerns that if released, the accused could potentially tamper with evidence, influence witnesses, or re-offend.
Conclusion
Given the severity of the offense and the public interest in curbing drug-related crimes, the court concluded that there were no justifiable grounds for granting bail at this stage. The bail application was consequently dismissed.
The case continues as the prosecution prepares for further legal proceedings against Shaikh under the NDPS Act.
