Greater Bombay, September 13, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), has allowed the bail application of Javed Mohammad Shaikh (aged 28), accused No. 1 in Spl. LAC/C.R. No.254/2023 registered at Ghatkopar police station, Mumbai. Shaikh was arrested for offences punishable under section 8(c) read with section 20 and section 29 of the NDPS Act, 1985. The order in NDPS Bail Application No. 687 of 2023 was pronounced on September 11, 2023, and uploaded on September 13, 2023.

Ld. Adv. Mr. Gorakh Liman appeared for the applicant/accused, and Ld. APP Mr. P.J. Tarange represented the respondent/prosecution.

Prosecution’s Case:

According to the prosecution, on July 31, 2023, 2 Kg of Ganja was recovered from the possession of the applicant/accused. The applicant allegedly disclosed that he had procured the Ganja from co-accused No. 2. Nothing was recovered from the co-accused.

Applicant’s Arguments for Bail:

The learned Advocate for the applicant argued that this was the first bail application filed by the accused in this case. He submitted that the quantity of Ganja recovered (2 Kg) was an intermediate quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act were not applicable. He further highlighted that the applicant was young, had no prior criminal record, was a permanent resident of Mumbai, and nothing further needed to be recovered from him. The investigation was almost complete, and the applicant was ready to abide by all conditions imposed by the court.

Prosecution’s Opposition:

The learned APP opposed the bail application, arguing that the alleged offence was serious and that the applicant might continue to commit such offences if released. He also stated that the investigation was not yet complete.

Court’s Reasoning for Granting Bail:

The Special Judge noted that the applicant was accused of offences under Section 8(c) read with Section 20(b) and Section 29 of the NDPS Act, which carry a potential punishment of up to 10 years imprisonment and a fine of up to ₹1 lakh. However, the court acknowledged that the quantity of Ganja recovered (2 Kg) was an intermediate quantity, and thus, the rigours of Section 37 of the NDPS Act were not applicable.

The court also considered that the applicant had been in custody since July 31, 2023, and nothing further needed to be recovered from him. The investigation concerning the applicant appeared to be almost complete. Furthermore, the prosecution did not claim that the applicant had any prior history of similar offences. The court found no just ground necessitating the further detention of the applicant based on the material on record.

The Special Judge emphasized the importance of personal liberty and the presumption of innocence. The object of bail is to secure the accused’s attendance at trial, not to punish or preventively detain. The court found that the applicant had prima facie cooperated during the investigation and had undertaken to continue doing so during the trial. The court believed that the applicant’s presence could likely be secured even if released on bail and that the prosecution’s interests could be safeguarded by imposing certain conditions. Therefore, considering the nature of the offence, the intermediate quantity of the contraband, the applicant’s lack of criminal antecedents, and the near completion of the investigation concerning him, the court found justifiable grounds to release the applicant on bail.

Order of the Court:

Special Judge K.P. Kshirsagar passed the following order:

1. NDPS Bail Application No.687/2023 in NDPS RA No.978/2023 is allowed.
2. Applicant/accused Javed Mohammad Shaikh shall be released on bail in Spl. LAC/C.R. No.254/2023 for the offence under section 8(c) r/w section 20 and section 29 of NDPS Act, 1985 registered by Ghatkopar police station on executing a personal bond of ₹50,000/- (Rupees Fifty thousand only) with one surety in the like amount on the following conditions: (a) Applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation by the concerned Investigating Officer as and when required. (b) Applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner. (c) Applicant/accused shall cooperate in the early disposal of the trial. (d) Applicant/accused shall not commit any criminal offence while on bail. (e) Applicant/accused and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of the execution of the bail bond/surety bond.
3. NDPS Bail Application No.687/2023 is disposed of accordingly.

This order highlights the court’s consideration of the quantity of the contraband involved, which determined the applicability of the stricter bail provisions under Section 37 of the NDPS Act. The court’s decision to grant bail was also influenced by the applicant’s lack of prior criminal record, his cooperation with the investigation, and the near completion of the investigation concerning him, subject to conditions to ensure his continued cooperation and prevent any obstruction of justice.