Mumbai, March 6, 2024 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Sikandar Ali Mohd. Razzaqeu Shaikh and Om Prakash @ Omprakash Hajariram Sahu, accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case. Special Judge B.Y. Phad, presiding over Court Room No. 44, allowed the bail application (Bail Application No. 446/2024), citing the non-commercial quantity of contraband allegedly seized from the accused.

Shaikh and Sahu were arrested in connection with Crime No. 59/2024, registered at Kurla Police Station, for offenses under sections 8(c) read with 21(b) and 29 of the NDPS Act.

The Allegations and FIR:

According to the prosecution, Shaikh and Sahu were found selling Methamphetamine (MD). 10.20 grams of MD was allegedly seized from Shaikh, and 10.41 grams from Sahu.

Defense Arguments:

Shaikh and Sahu, through their advocate Mr. Talekar, argued that they were falsely implicated and had not committed any crime. They emphasized that the quantity of MD allegedly seized was non-commercial, making the stringent provisions of Section 37 of the NDPS Act inapplicable. They stated their willingness to furnish surety and abide by all bail conditions. They also asserted that their antecedents were clear.

Prosecution’s Objections:

The prosecution, represented by APP Shankar Erande, opposed the bail application. They argued that the accused were found selling MD in collusion with each other. They expressed concerns that if released on bail, the accused might tamper with prosecution witnesses and abscond.

Court’s Analysis and Decision:

Judge Phad, after considering the submissions and the record, made the following observations:

• Non-Commercial Quantity: The court noted that the quantity of MD allegedly seized from the accused was non-commercial.
• Antecedents: The court observed that Sahu had no criminal antecedents and that only one case under the IPC, not the NDPS Act, was filed against Shaikh.
• Deep Roots in Society: The court found that the accused appeared to be well-rooted in society.

Judge Phad concluded that it was proper to release the accused on bail.

Conditions of Bail:

The court granted Shaikh and Sahu bail on the following conditions:

• They must each execute a personal bond of ₹60,000 and provide one or two solvent sureties of the same amount.
• They must report to Kurla Police Station every Sunday between 10:00 AM and 11:00 AM until the final report is filed.
• They are prohibited from leaving the jurisdiction of Mumbai without explicit permission.
• They are strictly prohibited from contacting co-accused, witnesses, or any individuals associated with the case and from tampering with evidence.
• They must maintain a stable residence at their current addresses and inform the court and investigating officer of any change.
• They must furnish their active mobile numbers to the investigating officer and report any changes.
• They must not interfere with the ongoing investigation.
• They must surrender their passports or file an affidavit stating they do not possess any.
• They are prohibited from engaging in activities related to the registered offense.
• They must comply with all reasonable directions from law enforcement.
• They must furnish a list of three blood relatives with their addresses and work addresses if any, with documentary proof of the details.

Significance of the Order:

This order highlights the court’s emphasis on:

• Quantity of Contraband: The court considered the quantity of contraband seized and its classification as non-commercial.
• Applicability of Section 37: The court implicitly acknowledged the reduced stringency of bail conditions due to the inapplicability of Section 37 of the NDPS Act.
• Antecedents and Social Roots: The court considered the accused’s antecedents and their apparent roots in society.
• Conditions to Ensure Compliance: The court imposed stringent conditions to ensure the accused’s presence and prevent any interference with the investigation.

This ruling demonstrates the court’s approach in balancing the rights of the accused with the interests of justice, particularly in NDPS cases where the quantity of contraband is non-commercial.