Mumbai, April 26, 2022 – The Special Judge V.V. Patil, presiding over NDPS cases at Greater Mumbai, granted bail to Salim Nawab Ali Shaikh in a case involving the possession of 2 kilograms of ganja. The court cited the non-commercial quantity of the recovered contraband and the absence of any criminal antecedents as primary reasons for granting bail.

Shaikh was arrested on April 7, 2022, by the Anti-Narcotics Cell (ANC), Bandra Unit, in connection with Crime No. 42/2022, registered under Section 8(c) read with 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution, on April 7, 2022, while on patrol, ANC officers apprehended Shaikh at MNP sports ground, Jogeshwari (W), and recovered 2 kilograms of ganja from his possession.

Shaikh, through his advocate Ms. Kadam (holding for Adv. Baraskar), sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated, the recovered contraband fell under the non-commercial quantity, the stringent provisions of Section 37 of the NDPS Act were not applicable, the custodial investigation was complete, and he was a permanent resident of Mumbai and not likely to abscond.

The prosecution, represented by Additional Public Prosecutor (APP) Rajput, opposed the bail, contending that the investigation was still in progress and that Shaikh might not be available for trial or might indulge in similar offenses if released.

Judge Patil, after hearing both sides and perusing the record, noted that the quantity of ganja recovered from Shaikh was non-commercial.

“Perusal of record reveals that whilst on patrolling duty officers of ANC, Bandra unit apprehended accused with possession of 2 kgs. of Ganja, which came to be seized under panchanama. Now, the quantity of contraband recovered from the applicant is non-commercial quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable.” Said Judge Patil.

The court also observed that the recovery was completed, nothing remained to be recovered, and Shaikh had no criminal antecedents.

“Prosecution opposed the application on the ground that investigation is in progress and charge-sheet is yet to be filed against accused. However, this is not ground to deny the bail. Already recovery is completed and nothing is remained to be recovered. Further applicant has no criminal antecedents.” Said Judge Patil.

The court further noted that Shaikh had a permanent address in Mumbai, was not likely to abscond, and was ready to abide by any conditions imposed by the court.

“Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond. Applicant is ready to abide by any conditions imposed by the Court. No purpose will be served by keeping the applicant in the custody.” Said Judge Patil.

Consequently, the court granted Shaikh bail, ordering him to execute a personal bond of Rs. 20,000 with one or two sureties of the same amount. The court also imposed the following conditions:

• Shaikh must attend the ANC, Bandra Unit office every Thursday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• Shaikh and his sureties must provide their mobile numbers and addresses, along with the names, mobile numbers, and addresses of two relatives.
• Shaikh must provide proof of identity and residence at the time of executing the bail bond.
• Shaikh must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• Shaikh must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 20,000 was allowed for eight weeks.

“Applicant/accused Salim Nawab Ali Shaikh be released in C.R. No. 42/2022 on executing P. R. Bond of Rs. 20,000/- (Rs. Twenty Thousand only) with one or two sureties in the like amount. Applicant/accused to attend the office of ANC, Bandra unit on every Thursday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet. Applicant/accused and his sureties shall provide their respective mobile numbers and correct address of residence alongwith names of two relatives with their mobile numbers and addresses. Applicant/accused shall produce the proof of his identity and proof of residence at the time of executing the bail bond. Applicant/accused shall not tamper with prosecution witnesses/evidence in any manner and co-operate in early disposal of trial. Applicant/accused shall not commit similar offence while on bail. Ld. Advocate for applicant/accused prayed for allowing provisional cash bail for period of eight weeks. Hence, permission granted to furnish provisional cash bail of Rs. 20,000/- for period of eight weeks.” Judge Patil ordered.

The order was dictated, transcribed, and signed on April 26, 2022, and uploaded on April 29, 2022, as certified by stenographer S.W. Tuscano.

This ruling highlights the judiciary’s approach in considering the quantity of contraband and the criminal antecedents of the accused when deciding bail applications in NDPS cases, particularly when the recovered quantity is non-commercial and the stringent provisions of Section 37 are not applicable.