Mumbai, April 20, 2024 – Mohd. Moin Pasha Shaikh, a 36-year-old resident of Andheri West, Mumbai, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in connection with a case involving the possession of 4.5 kilograms of Ganja. The order was issued by Additional Sessions Judge K.P. Kshirsagar (Court Room 43) on April 20, 2024.

Shaikh was arrested on March 25, 2024, and booked under Section 8(c) read with Section 20(b) of the NDPS Act, 1985, at the D.N. Nagar Police Station (C.R. No. 332/2024).

Background and Arguments:

Shaikh’s defense, presented by Advocate Rohit Padvi, argued that this was his first bail application and that he had no prior criminal record. The defense emphasized that the quantity of Ganja recovered was an intermediate quantity, thus not falling under the stringent provisions of Section 37 of the NDPS Act. They also highlighted that Shaikh had been in custody since his arrest, and no further recoveries were needed. Additionally, they assured the court that Shaikh was a resident of Mumbai and would adhere to all imposed bail conditions.

Additional Public Prosecutor (APP) Rajput, representing the prosecution, opposed the bail application, arguing that Shaikh was a drug peddler and that the investigation was ongoing. They expressed concerns that his release would hamper the investigation.

Court’s Reasoning and Decision:

Judge Kshirsagar acknowledged that the quantity of contraband was an intermediate quantity, meaning the stringent conditions of Section 37 of the NDPS Act did not apply. He also noted that Shaikh had no criminal antecedents and was a resident of Mumbai. The court recognized that Shaikh had been in custody since March 25, 2024, and that the investigation, as it pertained to him, was nearly complete.

The court reiterated the importance of personal liberty and the presumption of innocence. It emphasized that the purpose of bail is to secure the accused’s attendance at trial, not to punish or prevent them. Judge Kshirsagar found that Shaikh had cooperated during the investigation and was likely to cooperate during the trial.

Bail Conditions:

Considering the nature and gravity of the offense, 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 prosecution 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 respective mobile numbers and present address and proof of residence at the time of executing the bail bond/surety bond.

Order Details:

The order was dictated, checked, and signed on April 20, 2024. The certified copy was uploaded on the same day at 2:20 p.m.

This decision highlights the court’s consideration of the specific provisions of the NDPS Act and the balance between individual liberty and the need for fair investigation and trial.