Mumbai, February 4, 2022 – Shahrukh Salim Qureshi @ Shahrukh Pathan has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, in a case involving NDPS and Arms Act offenses. Special Judge D.B. Mane (Court Room No. 43) issued the order on February 3, 2022.

Pathan was arrested in connection with C.R. No. 11/2022, registered at the Dongri Police Station, for offenses under Section 160 (affray) of the Indian Penal Code (IPC), Section 37 read with Section 135 of the Maharashtra Police Act, Sections 3 and 4 read with Section 25 of the Arms Act, and Sections 8(c), 20(b)(ii)(A), 22(b), and 29 of the NDPS Act, 1985.

Background and Allegations:

The prosecution alleged that on January 12, 2022, Pathan and three others were creating a disturbance in a public area. Pathan was allegedly carrying a sharp knife (chopper) and threatening another person. Co-accused Shabbir Nasim Shaikh was found with a firearm pistol, live cartridges, and contraband MD.

Arguments Presented:

• Applicant’s Argument (Pathan):
  • No contraband was seized from his possession.
  • The case against him primarily involved affray and possession of a weapon.
  • He was falsely implicated.
  • He is willing to abide by any imposed conditions.
• Prosecution’s Argument:
  • Pathan was involved in affray and possessed a weapon.
  • He has a criminal record.
  • His release could lead to further disturbances.
  • Relied on cases of “Amar Singh Naruka Vs State of Rajasthan” and “Sudha Singh Vs State of Uttarpradesh” regarding criminal antecedents.

Court’s Reasoning and Decision:

Judge Mane considered the arguments and the evidence. The court noted:

• No contraband was recovered from Pathan’s possession.
• The allegations against him primarily concerned affray and possession of a weapon.
• Pathan had three prior criminal cases, but they were not of the same severity as the cases cited by the prosecution.
• The court determined that continued detention was not warranted, and stringent conditions could be imposed.

Bail Conditions:

Pathan was granted bail upon furnishing a personal bond of Rs. 35,000 with one or more sureties of the same amount. The following conditions were imposed:

• Pathan must attend the Dongri Police Station every Monday between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
• He must not influence witnesses.
• He and his sureties must provide their contact information and residential addresses.
• He must provide proof of identity and residence.
• He must inform the Investigating Officer and the court of any changes in his address.
• He must not leave India without prior court permission.
• He must not commit similar offenses while on bail.
• Breach of any condition will be grounds for bail cancellation.

Order Details:

The order was dictated, transcribed, and signed on February 3, 2022. The certified copy was uploaded on February 4, 2022, at 1:00 p.m.

This decision reflects the court’s consideration of the lack of contraband recovery from Pathan, the nature of the allegations against him, his criminal antecedents, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.