Mumbai, May 6, 2022 – The Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases at Greater Mumbai, V. V. Patil, granted bail to 26-year-old Mohammad Mohiuddin Khurshid Shaikh, also known as Pappu, who was arrested for possessing 66.15 grams of heroin. The decision, delivered on May 6, 2022, was based on the court’s assessment that the seized quantity fell under the non-commercial category, thereby rendering the stringent provisions of Section 37 of the NDPS Act inapplicable.

Shaikh, a resident of Bhimnagar Zopadpatti, Mumbai, was apprehended by the Malvani Police on April 16, 2022, and booked under Section 8(c) read with 21(b) of the NDPS Act. The prosecution alleged that during a patrol, police officers found Shaikh in possession of a yellow bag containing 66.15 grams of heroin near Divya Bar, Malvani, Malad (W).

Shaikh, through his advocate Kiran, filed a bail application under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated and that the seized quantity of heroin was non-commercial, thus exempting him from the stringent bail conditions of Section 37 of the NDPS Act. He also asserted his permanent residency in Mumbai and willingness to comply with any court-imposed conditions.

The prosecution, represented by Additional Public Prosecutor (APP) Rajput, opposed the bail application, citing the ongoing investigation and Shaikh’s alleged involvement in the contraband trade. They also pointed out that four cases were registered against Shaikh, including two under the NDPS Act. They argued that releasing him on bail could lead to his non-appearance in court and involvement in similar offenses.

During the hearing, the court examined the evidence and arguments presented by both sides. A key point of contention was the quantity of heroin seized. The court acknowledged that 66.15 grams of heroin was considered a non-commercial quantity under the NDPS Act, thus making Section 37 inapplicable.

“Perusal of record reveals that whilst on patrolling duty, officers of Malvani Police Station apprehended applicant/accused with possession of 66.15 gms. of Heroin, 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,” Judge Patil stated in his order.

Addressing the prosecution’s concerns about Shaikh’s criminal history, the court noted that while four cases were registered against him, he had not been convicted in any of them. The court emphasized that mere registration of cases was not a sufficient ground to deny bail.

“Prosecution opposed the application on the ground that applicant is habitual offender and there are four cases, out of which, two under IPC and two under NDPS Act registered against the applicant and if he is granted bail, he may commit similar offence. However, it is submitted on behalf of applicant that he is not convicted for any offence. This fact is not disputed by Ld. APP during course of argument. Hence I am of the opinion that applicant cannot be denied bail merely because some cases are registered against him, if otherwise he is entitled to be released on bail,” Judge Patil observed.

The court also noted that the recovery of the contraband was complete, and there was no indication of further recoveries. Considering Shaikh’s permanent residency in Mumbai and his willingness to abide by court conditions, the court found no reason to keep him in custody.

“As stated above, the quantity of Heroin seized from the applicant falls under non-commercial quantity and rigors of Sec. 37 of NDPS Act are not applicable. Now, already recovery is completed and nothing is remained to be recovered. Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond. Further, applicant is ready to abide by any condition imposed by the Court. No purpose will be served by keeping the applicant in the custody,” Judge Patil stated.

Consequently, the court granted Shaikh bail, ordering him to execute a personal bond of Rs. 30,000 with one or two sureties of the same amount. The court also imposed several conditions, including mandatory attendance at Malvani Police Station every Friday between 2:00 PM and 5:00 PM until the filing of the charge sheet, submission of mobile numbers and addresses of the accused and sureties, submission of identity and residence proofs, non-tampering with witnesses or evidence, cooperation in the trial, and abstention from committing similar offenses while on bail.

Recognizing the defense’s request, the court also granted permission for a provisional cash bail of Rs. 30,000 for a period of eight weeks, allowing Shaikh time to arrange for the sureties.

The order, dictated, transcribed, and signed on May 6, 2022, was officially uploaded at 5:30 PM on the same day, as certified by stenographer Mrs. S. W. Tuscano.

This ruling underscores the judiciary’s approach in NDPS cases, particularly in distinguishing between commercial and non-commercial quantities of narcotics, and its emphasis on the presumption of innocence in the absence of convictions. It also highlights the court’s role in balancing individual liberty with the imperatives of law enforcement.