Mumbai, Maharashtra – May 18, 2022 – In a significant ruling, the Special Judge for NDPS Cases at Greater Mumbai, V.V. Patil, granted bail to Mohsin Shmasuddin Shaikh @ Nanu, a 32-year-old resident of Jogeshwari, who was arrested on charges of possessing 40 grams of Mephedrone (MD). The decision, detailed in Bail Application No. 884 of 2022, comes after Shaikh’s arrest on April 6, 2022, by the Anti-Narcotics Cell (ANC) of the Worli Unit, in connection with C.R. No. 38/2022.

Arrest and Allegations:

According to the prosecution’s case, ANC officers, while patrolling the area near Malegamwala building in Mahim (West) on April 6th, apprehended Shaikh at approximately 3:00 PM due to his suspicious behavior. A subsequent search revealed a plastic bag containing 40 grams of MD, a psychotropic substance, leading to his immediate arrest under sections 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Defense Arguments:

Shaikh, represented by Advocate Ms. Zohra, sought bail under section 439 of the Criminal Procedure Code (Cr.P.C.), arguing that he was falsely implicated in the case. The defense emphasized that the recovered quantity of 40 grams of MD falls under the category of “non-commercial quantity,” thus rendering the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for bail in cases involving commercial quantities, inapplicable. Furthermore, the defense asserted that Shaikh is a permanent resident of Mumbai, posing no flight risk, and pledged his cooperation with any conditions imposed by the court.

Prosecution Opposition:

The prosecution, represented by APP Mr. Rajput, vehemently opposed the bail application, submitting a reply (Exh. 2) stating that Shaikh was apprehended with 40 grams of MD and had not cooperated with the investigation. The prosecution argued that releasing him would likely lead to his involvement in similar offenses and that he might abscond, jeopardizing the trial.

Court’s Reasoning and Decision:

Judge V.V. Patil, after reviewing the application, the prosecution’s reply, and hearing arguments from both sides, focused on the crucial aspect of the quantity of the recovered substance. The court acknowledged that the 40 grams of MD recovered from Shaikh falls under the non-commercial category. This determination effectively removed the stringent bail restrictions imposed by Section 37 of the NDPS Act.

The court also considered the defense’s submission that Shaikh has no prior criminal record and is a permanent resident of Mumbai. Despite the prosecution’s concerns about ongoing investigations, the judge noted that the recovery of the contraband was complete, and there was no indication of further recoveries being necessary.

“Now recovery has been completed and nothing is remained to be recovered. As submitted on behalf of applicant, he is permanent resident of Mumbai and not likely to abscond. He has no criminal antecedents to his discredit. Also, he is ready to abide by all the terms and conditions imposed by the Court. Hence I hold that applicant is entitled to be released on bail,” Judge Patil stated in his order.

Bail Conditions:

Consequently, the court granted Shaikh bail under the following conditions:

• He must execute a Personal Recognizance (PR) Bond of Rs. 50,000 with one or more sureties of the same amount.
• He is required to attend the ANC Worli Unit office every Monday between 1:00 PM and 4:00 PM until the filing of the charge sheet.
• He and his sureties must provide their mobile numbers and residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• He must provide proof of identity and residence at the time of executing the bail bond.
• He is prohibited from tampering with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• He is forbidden from committing similar offenses while on bail.
• The court also granted permission for a provisional cash bail of Rs. 50,000 for a period of eight weeks, as requested by Shaikh’s advocate.

Implications and Future Proceedings:

This ruling highlights the significance of the quantity of recovered contraband in NDPS cases and its impact on bail decisions. The focus on non-commercial quantity and the absence of prior criminal records played a pivotal role in the court’s decision.

The case will now proceed with the investigation and subsequent trial, where the prosecution will have to prove the charges against Shaikh beyond a reasonable doubt. The compliance of the released accused to the conditions of the bail will be monitored.