Mumbai, Thane [Current Location] – April 14, 2025 – A special court for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has rejected the bail application of Mudassar Kasim Shaikh, also known as Mujju, in connection with a significant drug seizure case (C.R. No. 62/2023) registered at Dongri Police Station. The order, dated November 3, 2023, was issued by Special Judge Shri R. R. Bhagwat (C.R.44) after hearing arguments from both the applicant’s counsel and the prosecution.

Shaikh, 24, was arrested on September 11, 2023, and is accused under sections 8(c), 21(b), 22(c) read with section 20(b) & 29 of the NDPS Act, 1985, for his alleged involvement in the supply of contraband substances.

The prosecution’s case, as detailed in the court order, stems from a raid conducted on August 16, 2023, at Chichbandar Cross Lane, Dongari, following a tip-off. During this raid, 52 grams of MD (Mephedrone) and two mobile phones were seized from accused no. 1, Shahinoor Patel. Patel allegedly revealed the existence of a larger stock of MD at another location in Dontad Street, Dambar Galli.

A subsequent raid at this second location led to the recovery of a substantial quantity of drugs, including 448 grams of MD and 80 grams of charas. Additionally, authorities seized ₹3,50,000 in cash, a country-made revolver, four live cartridges, an air pistol, air rifle pellets, empty plastic bags, a samurai sword, a stick rod, a chopper, an electric weighing machine, a Nokia mobile phone, 25 other old working mobile phones, three Samsung tablets, an Apple Macbook, an HP laptop, and packets of small pouches, all allegedly from the possession of Shahinoor Patel.

Further investigation on August 17, 2023, resulted in the arrest of accused no. 2, Chinanso Udeoju Nnamadi, a Nigerian national, in Nalasopara. From Nnamadi’s possession, police reportedly seized 200 grams of MD, 15 grams of cocaine, and two mobile phones.

During interrogation, Shahinoor Patel implicated accused no. 3, Brijesh Sharma, as the supplier of weapons, leading to Sharma’s arrest on August 23, 2023. Patel also allegedly named the present applicant, Mudassar Kasim Shaikh, as the supplier of the contraband drugs. Shaikh was subsequently apprehended on September 11, 2023, from Ashok Premises, Katha Bazar, Masjid Bandar, and two mobile phones were seized from him. Shaikh, in turn, reportedly named one Kallan as his supplier, who is currently wanted in the case.

The prosecution further claims that investigation revealed communication between accused no. 1, Shahinoor Patel, and accused no. 4, Mudassar Kasim Shaikh, through their mobile phones.

Seeking bail, Shaikh’s lawyer, Mr. Sachin Shirke, argued that his client is a peace-loving permanent resident of Mumbai and was arrested solely based on the statement of a co-accused. He emphasized that no contraband was recovered directly from Shaikh. Mr. Shirke also mentioned Shaikh’s attendance in another ongoing NDPS case and stated that he would abide by all court conditions if granted bail. He further argued that the stringent bar under Section 37 of the NDPS Act, which makes granting bail difficult for offenses involving commercial quantities, is not applicable in this case due to the lack of direct recovery from Shaikh.

However, the prosecution, represented by learned APP Mr. Shankar Erande, strongly opposed the bail application. Mr. Erande highlighted the significant quantity of drugs seized from accused no. 1 and 2, including a commercial quantity of MD (over 500 grams combined) and charas. He also pointed out the recovery of weapons from accused no. 1’s residence.

The prosecution argued that Shaikh is a “main accused” and was in contact with other accused, supported by Call Detail Record (CDR) analysis. They emphasized that accused no. 2 is a foreign national residing in India in violation of passport regulations and that a key accused, Kallan, is still at large. The prosecution contended that there is sufficient material indicating a criminal conspiracy among the accused and that granting bail to Shaikh, who they described as a “kingpin behind the curtain,” would affect further investigation. They also argued that the gravity of the offense and the prescribed punishment under the NDPS Act warrant the denial of bail, invoking the bar under Section 37.

Special Judge Bhagwat, after perusing the case records and hearing both sides, concurred with the prosecution’s arguments. The court noted the substantial seizure of MD (eleven times the commercial quantity) from accused no. 1 and 2 and the prosecution’s specific assertion that Shaikh was the supplier. The court found sufficient material to suggest a criminal conspiracy and stated that Shaikh had failed to provide factors distancing himself from the other accused.

The court concluded that considering the quantity of drugs seized and the prosecution’s claim of Shaikh being the supplier, the bar under Section 37 of the NDPS Act is indeed attracted. The court also cited the initial stage of the investigation and the potential impact of bail on further inquiries as reasons for rejecting the application. The gravity of the offense and the prescribed punishment were also considered.

Consequently, Bail Application No. 852/2023 was rejected, and the application was disposed of accordingly. The order was dictated on November 3, 2023, transcribed on November 6, 2023, and officially signed and uploaded on the same date.

This case highlights the ongoing efforts of law enforcement agencies in Mumbai to combat drug trafficking and the strict legal framework governing offenses under the NDPS Act, particularly concerning commercial quantities of narcotics. The denial of bail to the alleged supplier underscores the seriousness with which such offenses are treated by the judiciary. Further developments in the investigation and the trial of the other accused are awaited.