Mumbai, August 11, 2023 – Jishanali Mohammed Rafiq Shaikh (35) and Mohammad Jahid Rashid Qureshi (29), both delivery boys, have been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in Mumbai. They were arrested by Mahim Police Station for possession of MD (mephedrone), a psychotropic substance.

The Arrest and Allegations

According to the prosecution, on July 9, 2023, during routine patrolling, police officers found Shaikh and Qureshi acting suspiciously near a Darga along the Mahim Seafront. Upon searching them, police recovered 10 grams of MD from Shaikh and 5 grams from Qureshi. They were subsequently charged under Section 8(c) read with Section 21(b) of the NDPS Act.

Defense Arguments

Advocate Kiran Gogavale, representing the accused, argued that the seized quantities of MD were non-commercial. Therefore, the stringent provisions of Section 37 of the NDPS Act, which impose restrictions on granting bail, would not apply. He also pointed out alleged non-compliance with statutory provisions regarding the search and seizure procedures.

Prosecution’s Objections

Additional Public Prosecutor (APP) Geeta Nayyar, representing the state, opposed the bail application, stating that the investigation was ongoing and the gravity of the offense warranted the rejection of bail.

Court’s Observations and Decision

Special Judge (NDPS) Shri. A.V. Kharkar, presiding over the case, noted that the seized contraband was in non-commercial quantity. Consequently, the bar of Section 37 of the NDPS Act did not apply. The court also considered that the accused had no prior criminal antecedents.

“The seized contraband is non commercial quantity. Hence, bar of Section 37 of the NDPS Act would not apply. Considering the quantity of contraband seized and that there are no criminal antecedents. Therefore, there is no impediment to release the accused on bail,” Judge Kharkar stated in the order.

Bail Conditions

The court granted bail to Shaikh and Qureshi on a personal bond (P.R. bond) and solvent surety of Rs. 50,000 each. The following conditions were imposed:

• The accused and their sureties must provide their residential addresses, mobile numbers, and email addresses.
• The accused must not tamper with evidence, offer inducements, or threaten prosecution witnesses.
• To prevent them from fleeing, they must mark their presence at Mahim Police Station every Monday and Thursday between 11:00 AM and 4:00 PM until further orders.
• Before release, they must furnish residential proof and deposit their passports, if any, with the Investigating Officer.
• They must not commit offenses of a similar nature.

The court’s decision emphasizes the distinction between commercial and non-commercial quantities of narcotics under the NDPS Act and the implications for granting bail. The conditions imposed aim to ensure the accused’s cooperation with the ongoing investigation and prevent any interference with the judicial process.