Mumbai, July 11, 2022 – Mohmmad Nadeem Mohd. Arif Shaikh has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Mumbai. Shaikh was arrested in connection with Crime No. 147/2022, registered with the Anti-Narcotics Cell (ANC) Ghatkopar Unit, for offenses under Section 8(c) read with Section 22(b) and 29 of the NDPS Act, 1985.

The Allegations

According to the prosecution, on June 23, 2022, Shaikh and co-accused were found in possession of Mephedrone (MD). Shaikh was found in possession of 14 grams of MD, and the co-accused was found in possession of 11 grams. The total quantity of MD seized was 25 grams.

Shaikh’s Defense and Arguments

Mr. Jayant Parab, representing Shaikh, argued that the quantity of MD seized from his client (14 grams) and the total quantity seized (25 grams) were both less than the commercial quantity. Therefore, Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities, was not applicable. Shaikh asserted that he was falsely implicated, a permanent resident of Mumbai, and not likely to abscond. He expressed his willingness to abide by any conditions imposed by the court.

Prosecution’s Objections

Mr. P.J. Tarange, the Additional Public Prosecutor (APP), opposed the bail application. He expressed concern that the supplier of the MD, Shabina Khan, had not been arrested. He argued that if Shaikh was released, it would hinder the investigation and that he might tamper with evidence.

Court’s Observations and Decision

Additional Sessions Judge V.G. Raghuwanshi considered the submissions and the documents on record. The court noted that the quantity of MD seized from Shaikh was 14 grams, and the total quantity seized was 25 grams, both of which are less than the commercial quantity.

“In this case contraband allegedly seized from applicant which was only 14 grams and alleged quantity seized from both accused is 25 grams. That means the quantity of contraband seized is less than commercial quantity, therefore the stringent provision of Section 37 of the N.D.P.S. Act 1985 will not come into play in this case,” Judge Raghuwanshi stated in the order.

The court concluded that since the quantity was below the commercial limit, Section 37 of the NDPS Act was not applicable. The court also noted that Shaikh was ready to furnish surety and abide by conditions. The court stated that the prosecution’s concerns about hindering the investigation could be addressed by imposing suitable conditions.

Bail Conditions

Shaikh was granted bail on a personal bond of Rs. 25,000 with one or more solvent sureties of the same amount. The court imposed the following conditions:

• Shaikh must not engage in any activity that could hamper the investigation and must appear before the trial court regularly.
• He must not tamper with the prosecution’s evidence.
• He must appear before the Investigating Officer as and when called.

Key Points

• Quantity Below Commercial Limit: The court’s decision was primarily based on the fact that the quantity of MD seized was below the commercial limit.
• Section 37 NDPS Act: The court noted that Section 37 of the NDPS Act, which imposes stringent bail conditions, was not applicable in this case.
• Conditions Imposed: The court imposed conditions to ensure Shaikh’s cooperation with the investigation and trial.
• NDPS Act: The case involved offenses under the NDPS Act, which deals with narcotic drugs and psychotropic substances.
• Ongoing Investigation: The court acknowledged the ongoing investigation and the concern of the prosecution that the main supplier had not been arrested.