Mumbai, Maharashtra – April 29, 2022 – The Special Court for NDPS Cases in Greater Mumbai has granted bail to Jayesh Shyamnarayan Shukla, who was arrested with 13.5 grams of MD (Mephedrone). Special Judge V.V. Patil (C.R. No. 44) allowed Bail Application No. 828 of 2022, related to C.R. No. 36 of 2022 registered with the Anti-Narcotics Cell (ANC), Kandivali Unit.

Jayesh Shyamnarayan Shukla, 26, was arrested on April 5, 2022, and charged under Section 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Case Background:

On April 5, 2022, ANC officers on patrol at Ganesh Nagar Skywalk, Dahisar, found Shukla in a suspicious condition. Upon searching him, they recovered 13.5 grams of MD, which was seized under a panchnama. An FIR was subsequently registered against him.

Arguments and Court’s Reasoning:

Shukla’s counsel, Adv. Jitendra S., argued that his client was falsely implicated and that the recovered quantity of MD fell under the intermediate category. He emphasized that the stringent bail conditions under Section 37 of the NDPS Act were not applicable. He also asserted that Shukla was a permanent resident of Mumbai and would not abscond, and was willing to comply with any court-imposed conditions.

The prosecution, represented by APP Rajput, opposed the bail, stating that the investigation was ongoing and that Shukla might commit similar offenses or abscond if released.

The court, after reviewing the application and hearing both sides, noted that the seized quantity of MD was 13.5 grams, which fell under the intermediate category. “Now admittedly, the quantity of seized contraband is 13.5 gms. of MD which falls under category of intermediate quantity and rigors of Sec. 37 of NDPS Act are not attracted,” Judge Patil stated.

The court also considered that the recovery was complete and there was no further need for custodial interrogation. “Now, recovery is completed and nothing is remained to be recovered. No purpose would serve by keeping the applicant behind the bars,” Judge Patil noted.

Judge Patil acknowledged the prosecution’s concerns but stated that they could be addressed through appropriate bail conditions. “So far as apprehension of prosecution regarding commission of offence by applicant and his absconding is concerned, that can be taken care of by imposing necessary conditions,” Judge Patil concluded.

Bail Conditions:

Judge Patil granted bail to Jayesh Shyamnarayan Shukla on the following conditions:

• Execution of a personal bond of ₹30,000 with one or two sureties of the same amount.
• Attendance at the ANC, Kandivali Unit, every Friday between 1:00 PM and 4:00 PM until the filing of the charge sheet.
• Submission of mobile numbers and correct addresses of Shukla and his sureties, along with the names, mobile numbers, and addresses of two relatives.
• Production of proof of identity and residence at the time of executing the bail bond.
• Prohibition from tampering with prosecution witnesses or evidence.
• Prohibition from committing similar offenses while on bail.
• Permission for provisional cash bail of ₹30,000 for eight weeks.

The certified copy of the judgment was issued on April 29, 2022. This decision highlights the court’s consideration of the quantity of the seized contraband, the completion of the investigation, and the non-applicability of the stringent bail conditions under Section 37 of the NDPS Act.