Mumbai, April 3, 2024 – Gulam Mustafa Abdul Shaikh has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay in an NDPS case. Special Judge A.V. Kharkar (Court Room No. 42) issued the order on April 2, 2024.

Shaikh was arrested by the Dindoshi Police Station in connection with C.R. No. 201 of 2024, for offenses under Section 8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Background and Allegations:

On March 4, 2024, during routine patrolling, the police observed Shaikh standing by the roadside, acting suspiciously. Upon searching him in the presence of panch witnesses, 15 grams of MD (Mephedrone) were recovered.

Arguments Presented:

Advocate Akash Sharma, representing Shaikh, argued that the seized quantity was non-commercial and therefore the stringent provisions of Section 37 of the NDPS Act did not apply. He also alleged non-compliance with statutory provisions regarding search and seizure.

Additional Public Prosecutor (APP) Geeta Nayyar, representing the State, opposed the bail, citing the ongoing investigation and the gravity of the offense.

Court’s Reasoning and Decision:

Judge Kharkar acknowledged that the seized contraband was a non-commercial quantity, which meant the bar of Section 37 of the NDPS Act did not apply. The court also noted the lack of any criminal antecedents against Shaikh.

Considering these factors, the court found no impediment to granting bail.

Bail Conditions:

Shaikh was granted bail upon furnishing a solvent surety and a personal bond of Rs. 50,000. The following conditions were imposed:

• Shaikh and his surety must provide their respective residential addresses, mobile numbers, and email addresses.
• Shaikh must not tamper with evidence, offer inducement, or threaten prosecution witnesses.
• Shaikh must mark his presence at the Dindoshi Police Station every Tuesday and Thursday between 11:00 a.m. and 4:00 p.m. until further orders.
• Prior to release, Shaikh must furnish his residential proof and deposit his passport, if any, with the Investigating Officer under intimation to the court.
• Shaikh must not commit offenses of a similar nature.

Order Details:

The order was dictated, transcribed, and signed on April 2, 2024, and uploaded on April 3, 2024, at 11:35 a.m.

This decision reflects the court’s consideration of the non-commercial quantity of the seized contraband, the lack of criminal antecedents, and the imposition of conditions to ensure Shaikh’s compliance with the legal process.