Mumbai, May 20, 2022 – Mohd. Shafi Mohd. Noor Islam Shaikh, a 52-year-old labourer, has been granted bail by the Special Judge for NDPS Cases in Mumbai. Shaikh was arrested in connection with Crime No. 83/2022, registered with the Anti-Narcotics Cell (ANC) Ghatkopar Unit, for offenses under Section 8(c) read with Section 20(b) of the NDPS Act, 1985.

The Allegations

According to the prosecution, on April 25, 2022, while patrolling at Sidhu CHS, Lallubhai Compound, Mankhurd, officers of the ANC found Shaikh in a suspicious condition, carrying a plastic bag. Upon searching him, they found 7 kilograms of Ganja (cannabis), which was seized. Shaikh was subsequently arrested on April 26, 2022.

Shaikh’s Defense and Arguments

Mr. Jitendra, representing Shaikh, argued that his client was falsely implicated. He emphasized that the quantity of Ganja seized (7 kilograms) was a non-commercial quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act were not applicable. Shaikh expressed his willingness to abide by any conditions imposed by the court and asserted that he was a permanent resident of Mumbai and not likely to abscond.

Prosecution’s Objections

Mr. Rajput, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the seized quantity was an intermediate quantity and that the investigation was ongoing. The prosecution expressed concerns that if granted bail, Shaikh might abscond or commit similar offenses.

Court’s Observations and Decision

Special Judge V.V. Patil considered the submissions and the documents on record. The court noted that the quantity of Ganja seized from Shaikh was 7 kilograms, which fell under the category of non-commercial quantity.

“Now, admittedly the contraband seized from the applicant falls under category of non commercial quantity. Hence stringent provisions of sec. 37 of NDPS Act are not applicable. Furthermore, recovery is completed and nothing is remained to be recovered,” Judge Patil stated in the order.

The court concluded that since the quantity was non-commercial, Section 37 of the NDPS Act was not applicable, and the recovery was complete. The court also considered that Shaikh was a permanent resident of Mumbai, had no criminal antecedents, and was willing to abide by any conditions.

“No purpose would be served by keeping the applicant behind the bars. Hence I hold that application deserves to be allowed,” Judge Patil stated.

Bail Conditions

Shaikh was granted bail on a personal bond of Rs. 20,000 with one or two sureties of the same amount. The court imposed the following conditions:

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

Key Points

• Non-Commercial Quantity: The court’s decision was primarily based on the fact that the quantity of Ganja seized was non-commercial.
• Section 37 NDPS Act: The court noted that Section 37 of the NDPS Act, which imposes stringent bail conditions, was not applicable in this case.
• Investigation Progress: The court considered that the recovery was complete and nothing remained to be recovered.
• Conditions Imposed: The court imposed conditions to ensure Shaikh’s cooperation with the investigation and trial, and to prevent him from absconding or committing similar offenses.
• NDPS Act: The case involved offenses under the NDPS Act, which deals with narcotic drugs and psychotropic substances.