Mumbai, Maharashtra – April 30, 2022 – A Mumbai Special NDPS Court has granted bail to Adil Noor Hasan Shaikh, accused of possessing 170 grams of Ganja, despite his history of multiple criminal cases, including prior NDPS offenses. The court, presided over by Special Judge V.V. Patil, granted bail after considering the quantity of the seized contraband and the absence of any convictions against the accused.

Shaikh was arrested on March 25, 2022, by Malwani Police Station in connection with Crime No. 120/2022, registered under section 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The prosecution alleged that during a round-up, Shaikh was found in possession of 170 grams of Ganja, which he intended to sell.

During the bail hearing, Shaikh’s advocate, Mr. Sharma, argued that the quantity of Ganja recovered from his client fell under the category of “small quantity,” thereby exempting him from the stringent provisions of Section 37 of the NDPS Act. He also emphasized that Shaikh was a permanent resident of Mumbai and not likely to abscond.

The prosecution, represented by APP Mr. Rajput, opposed the bail application, citing Shaikh’s criminal history, which included six cases, three of which were under the NDPS Act. They argued that despite the small quantity of Ganja, Shaikh possessed it for commercial purposes and that his release could lead to him re-engaging in similar offenses.

Judge Patil, after reviewing the case records and hearing both sides, acknowledged that the 170 grams of Ganja fell under the “small quantity” category, and therefore, the stringent provisions of Section 37 of the NDPS Act were not applicable.

Regarding the prosecution’s argument about Shaikh’s criminal history, the court noted that while multiple cases were registered against him, there were no convictions. “This fact is not disputed by Ld. APP during course of argument. Hence I am of the opinion that applicant cannot be denied bail merely because some cases are registered against him, if otherwise he is entitled to be released on bail,” Judge Patil stated in the order.

The court also considered that the recovery of the contraband was complete, and nothing further was required from Shaikh. Additionally, he was a permanent resident of Mumbai and not likely to abscond.

“As stated above, the seized quantity of Ganja seized from the applicant falls under small quantity and rigors of Sec. 37 of NDPS Act are not applicable. Now, already recovery is completed and nothing is remained to be recovered. Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond,” Judge Patil noted.

The court granted bail to Shaikh on a personal bond of Rs. 15,000 with one surety of the same amount, subject to the following conditions:

• He must attend Malwani Police Station every Friday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
• He and his surety must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• He must provide proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• He must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 15,000 was allowed for eight weeks.

This decision highlights the court’s consideration of the specific provisions of the NDPS Act, particularly concerning small quantities of contraband, and the importance of the presumption of innocence until proven guilty. The court also balanced the accused’s rights with the need to ensure public safety by imposing stringent conditions.