Mumbai, Maharashtra – April 26, 2024 – Mohd. Sarfaraj Mohd. Munna Shaikh, a 36-year-old resident of Goregaon, Mumbai, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in connection with a mephedrone possession case.

Background of the Case:

Shaikh was arrested and charged under Section 8(c) read with Section 21(b) of the NDPS Act, 1985, in connection with C.R. No. 240/2024 registered at Goregaon Police Station. The prosecution alleged that 10 grams of mephedrone were recovered from his possession on March 26, 2024.

Arguments Presented:

Shaikh, through his advocate Harideep Singh, argued that:

• This was his first bail application in this case.
• The quantity of mephedrone recovered was an intermediate quantity, not a commercial quantity, therefore the stringent provisions of Section 37 of the NDPS Act were not applicable.
• He had no prior criminal record.
• He had been in custody since March 26, 2024.
• He was a resident of Mumbai and willing to abide by all court conditions.

The prosecution, represented by Additional Public Prosecutor (APP) Rajput, opposed the bail application, arguing that:

• Shaikh possessed the mephedrone for sale, indicating he was a drug peddler.
• The investigation was ongoing and his release could hamper it.

Court’s Decision and Rationale:

Additional Sessions Judge K.P. Kshirsagar granted bail to Shaikh. The court considered the following factors:

• Intermediate Quantity: The court acknowledged that the 10 grams of mephedrone constituted an intermediate quantity, making Section 37 of the NDPS Act inapplicable.
• Lack of Criminal Antecedents: Shaikh had no prior criminal record.
• Residency and Cooperation: He was a resident of Mumbai and appeared likely to cooperate with the trial.
• Completed Investigation (For Accused): The courts determination was that the investigation regarding the accused was nearly completed.
• Personal Liberty: The court emphasized the importance of personal liberty and the presumption of innocence.
• Bail Objectives: The court reiterated that the purpose of bail is to ensure the accused’s presence at trial, not to punish or prevent.

The court concluded that further detention was unnecessary and that the prosecution’s interests could be protected by imposing conditions.

Bail Conditions Imposed:

The court granted bail to Mohd. Sarfaraj Mohd. Munna Shaikh on the following conditions:

• Personal Bond and Surety: He must execute a personal bond of Rs. 50,000 with one or more sureties of the same amount.
• Cooperation with Investigation: He must cooperate with the investigating officer and be available for interrogation when required.
• No Tampering with Evidence: He must not tamper with prosecution evidence or influence witnesses.
• Cooperation with Trial: He must cooperate in the early disposal of the trial.
• No Further Offenses: He must not commit any criminal offenses while on bail.
• Contact Information: He and his surety must provide their mobile numbers and present address proof at the time of executing the bail bond.

Significance of the Decision:

This decision highlights the court’s application of the NDPS Act, particularly the distinction between commercial and intermediate quantities, when considering bail applications. The court’s emphasis on personal liberty and the lack of prior convictions demonstrates a balanced approach to bail decisions in drug-related cases. This case also shows the courts consideration of the difference between commercial and non commercial quantities when considering bail.