Mumbai, May 4, 2024 – Mohd. Hassan Mohd. Hussain Shaikh has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in a case involving the possession of an intermediate quantity of mephedrone (MD). Additional Sessions Judge K.P. Kshirsagar (Court Room No. 43) issued the order on May 3, 2024.

Shaikh was arrested in connection with Spl. LAC/C.R. No. 510/2024, registered at the Malwani Police Station, for offenses under Section 8(c) read with Section 22(b) of the NDPS Act, 1985.

Background and Allegations:

The prosecution alleged that on April 9, 2024, during patrolling, Shaikh was found in a suspicious condition and 6 grams of MD were recovered from him.

Arguments Presented:

Advocate Pravin Takale, representing Shaikh, argued that this was his first bail application and no other applications were pending or rejected. He emphasized that the quantity of MD recovered was an intermediate quantity, not a commercial quantity, and therefore the stringent provisions of Section 37 of the NDPS Act did not apply. He also stated that Shaikh is a permanent resident of Mumbai with no criminal antecedents and was willing to abide by all court conditions.

Additional Public Prosecutor (APP) P.J. Rajput, representing the State, opposed the bail, citing the seriousness of the offense and the possibility that Shaikh intended to sell the contraband. He argued that Shaikh might commit similar offenses if released and that the investigation was ongoing.

Court’s Reasoning and Decision:

Judge Kshirsagar noted that the offense under Section 8(c) read with Section 22(b) of the NDPS Act carries a potential sentence of up to 10 years and a fine of up to Rs. 1 lakh. He also acknowledged that the quantity of MD recovered was an intermediate quantity, meaning the strict bail conditions of Section 37 did not apply.

The court observed that Shaikh had been in custody since April 10, 2024, and nothing further was to be recovered from him. The investigation was deemed nearly complete, and there were no records of prior similar offenses.

The court emphasized the importance of personal liberty and the presumption of innocence. It recognized that the purpose of bail is to ensure the accused’s presence at trial, not to punish or prevent. The court found that Shaikh had cooperated during the investigation and was likely to attend future proceedings.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond of Rs. 50,000 with one or more sureties of the same amount. The following conditions were imposed:

• Shaikh must cooperate with the Investigating Officer and make himself available for interrogation when required.
• He must not tamper with prosecution evidence or influence witnesses.
• He must cooperate in the early disposal of the trial.
• He must not commit any criminal offense while on bail.
• He and his surety must provide their mobile numbers, present addresses, and proof of residence at the time of executing the bail bonds.

Order Details:

The order was dictated, transcribed, checked, and signed on May 3, 2024. The certified copy was uploaded on May 4, 2024, at 12:52 p.m.

This decision reflects the court’s consideration of the quantity of contraband, the completion of the investigation, the absence of criminal antecedents, and the imposition of conditions to ensure Shaikh’s compliance with the legal process.