Mumbai, May 7, 2024 – Najmul Mehboob 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 heroin. Additional Sessions Judge K.P. Kshirsagar (Court Room No. 43) issued the order on May 6, 2024.
Shaikh was arrested in connection with C.R. No. 277/2024, registered at the R.C.F. Police Station, for offenses under Section 8(c) read with Section 21(b) and Section 29 of the NDPS Act, 1985.
Background and Allegations:
The prosecution alleged that on April 18, 2024, Shaikh was found in a suspicious condition and 17 grams of heroin were recovered from him. During the investigation, Shaikh disclosed that he, along with his father-in-law and mother-in-law, sold heroin, solution bottles, and corex bottles. A subsequent search of his father-in-law’s house yielded 252 glass bottles and a drum containing 40 kg of an unidentified solution.
Arguments Presented:
Advocate Meshram, representing Shaikh, argued that this was his first bail application and no other applications were pending or rejected. He emphasized that the quantity of heroin 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 argued that the solution recovered from his father-in-law’s house was not confirmed to be a narcotic substance. He stated that Shaikh is a resident of Mumbai and was willing to abide by all court conditions.
Additional Public Prosecutor (APP) Rajput, representing the State, opposed the bail, citing the recovery of 17 grams of heroin and the large quantity of solution recovered from the co-accused’s house. He argued that the investigation revealed a conspiracy between Shaikh and his relatives and that the investigation regarding the solution was still pending. He expressed concerns that the investigation would be hampered if Shaikh was released.
Court’s Reasoning and Decision:
Judge Kshirsagar noted that the offense under Section 8(c) read with Section 21(b) and Section 29 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 heroin 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 19, 2024, and nothing further was to be recovered from him. The investigation regarding Shaikh was deemed nearly complete. The court also noted that the prosecution was unclear about the nature of the solution recovered from the co-accused’s house and that it could not be presumed to be a narcotic substance at this stage.
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 6, 2024. The certified copy was uploaded on May 7, 2024, at 4:00 p.m.
This decision reflects the court’s consideration of the quantity of heroin, the incomplete investigation regarding the solution, the absence of criminal antecedents under the NDPS act, and the imposition of conditions to ensure Shaikh’s compliance with the legal process.