Mumbai, September 11, 2023 (Mumbai Legal Reporter): The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay, has granted bail to Mehboobali @ Pappu Azagarali Shaikh, a 55-year-old resident of Bandra (East), who was arrested in connection with the possession of 10 grams of Mephedrone (MD). The order, passed on September 5, 2023, by Additional Sessions Judge K.P. Kshirsagar in Court Room No. 43, allows Shaikh’s release upon furnishing a Personal Bond of ₹50,000 with one surety of a like amount. The court cited the intermediate quantity of the recovered contraband and the near completion of the investigation as key factors in its decision.

Shaikh was accused in Spl. LAC/C.R. No.284/2023 registered at Ghatkopar Police Station, Mumbai, for offences punishable under section 8(c) read with section 22(b) of the NDPS Act, 1985.

According to the prosecution’s case, on August 13, 2023, 10 grams of Mephedrone (MD) were recovered from the possession of the applicant, leading to his arrest and the registration of the aforementioned crime.

Advocate Kiran Gogawale appeared for the applicant, arguing that this was Shaikh’s first bail application and no other such application was pending in higher courts. He emphasized that the 10 grams of Mephedrone recovered constituted an intermediate quantity, and therefore, the stringent conditions of Section 37 of the NDPS Act (which restricts the granting of bail for offences involving commercial quantities) were not applicable. Advocate Gogawale further submitted that Shaikh was a permanent resident of Mumbai with no prior criminal record and was a diabetic patient. He assured the court that Shaikh was ready to abide by any conditions imposed and prayed for his release on bail.

Ld. APP Mr. P.J. Tarange opposed the bail, arguing that the alleged offence was serious. He contended that the investigation revealed Shaikh to be a supplier of contraband and that his release could hamper the ongoing investigation and potentially lead to the continuation of such offences. He also stated that the investigation was not yet complete.

However, Additional Sessions Judge Kshirsagar, after perusing the records and hearing arguments, noted that the applicant was accused of an offence punishable under section 8(c) r/w section 22(b) of the NDPS Act, for which the punishment could extend to 10 years and a fine of up to ₹1 lakh. Crucially, the court acknowledged that the quantity of Mephedrone recovered was an intermediate quantity, not a commercial quantity, thus rendering the restrictions of Section 37 of the NDPS Act inapplicable.

The court also observed that Shaikh had been in custody since August 13, 2023, and there was no indication of any further recoveries to be made from him. Based on the material presented, the court found that the investigation concerning Shaikh was almost complete. Furthermore, the prosecution had not alleged any prior criminal history of similar offences against the applicant. The court concluded that there were no just grounds necessitating Shaikh’s further detention.

Drawing upon the principle that personal liberty is a fundamental right and the presumption of innocence prevails until guilt is proven, the court stated that the primary object of bail is to secure the accused’s attendance at trial, not for punitive or preventive purposes. The court found prima facie evidence of Shaikh’s cooperation during the investigation and his undertaking to continue cooperating during the trial. It was deemed likely that Shaikh’s presence could be secured even if released on bail, and the prosecution’s interests could be safeguarded by imposing suitable conditions.

Considering the nature and gravity of the offence, the applicant’s age and lack of antecedents, and the prima facie assessment of the material, the court concluded that releasing Shaikh on bail at this stage was unlikely to prejudice the investigation or the interests of society. Therefore, justifiable grounds for granting bail were found.

Consequently, NDPS Bail Application No. 726/2023 was allowed, subject to the following conditions:

1. Applicant/accused Mehboobali @ Pappu Azagarali Shaikh shall be released on bail upon executing a personal bond of ₹50,000 only with one surety in a like amount in Spl. LAC/C.R. No.284/2023 registered at Ghatkopar Police Station.
2. Shaikh shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
3. Shaikh shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
4. Shaikh shall cooperate in the early disposal of the trial.
5. Shaikh shall not commit any criminal offence while on bail.
6. Shaikh and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.

This order signifies a relief for the applicant, emphasizing the importance of the quantity of the seized substance in NDPS cases and the court’s consideration of the investigation’s progress and the accused’s personal circumstances while deciding on bail.