Mumbai, September 6, 2023 (Gr. Bombay Special Court): In a recent order, the Special Court for Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), granted bail to Muzzafar Babu Iqbal Shaikh, a 24-year-old labourer, who was arrested in connection with the possession of 6 grams of Mephedrone (MD).

The order, dated September 6, 2023, addressed NDPS Bail Application No. 705 of 2023, filed by Shaikh in relation to NDPS Remand Application No. 969 of 2023, stemming from Spl. LAC/C.R. No. 301/2023 registered at the Deonar police station in Mumbai. Shaikh was booked under section 8(c) read with section 22 of the NDPS Act, 1985.

Arguments for Bail:

Advocate Afreen Khan, representing the applicant, argued that this was Shaikh’s first bail application and no other similar application was pending in higher courts. The core argument rested on the fact that the 6 grams of Mephedrone recovered from Shaikh’s possession constituted an “intermediate quantity” under the NDPS Act. This classification is crucial as it does not attract the stringent conditions for bail outlined in Section 37 of the Act, which are applicable to cases involving commercial quantities.

The defense further highlighted that Shaikh is a young man of 24 years, a permanent resident of Mumbai with no prior criminal record. He had been in custody since his arrest on August 1, 2023. Advocate Khan also raised questions about the compliance with Section 50 of the NDPS Act, which deals with the procedure for search and seizure. The defense maintained that Shaikh was falsely implicated and expressed his willingness to abide by any conditions imposed by the court if granted bail.

Prosecution’s Opposition:

The learned APP, Mr. P.J. Tarange, representing the State, opposed the bail application, arguing that the alleged offence was serious. The investigation had reportedly revealed that Shaikh had procured the contraband from a wanted accused named Rafiq. The prosecution contended that releasing Shaikh on bail could lead to him continuing such illegal activities and that the investigation was still ongoing. Therefore, the APP requested the court to reject the bail application.

Court’s Observations and Decision:

After considering the application, documents, prosecution’s reply, and the arguments presented, the Special Judge K.P. Kshirsagar observed that the quantity of contraband recovered from Shaikh was indeed an intermediate quantity, thus exempting the case from the stringent bail conditions of Section 37 of the NDPS Act.

The court also noted that Shaikh had been in custody since August 1, 2023, and there was seemingly nothing further to be recovered from him. The absence of any prior criminal record was also a significant factor considered by the court. Furthermore, the court opined that the investigation concerning Shaikh appeared to be nearing completion. The mere fact that a wanted accused was still at large was not deemed a sufficient ground to deny bail to Shaikh.

Drawing upon the principle that personal liberty is a fundamental right and the presumption of innocence until proven guilty, the court emphasized that the primary objective of bail is to secure the accused’s presence during the trial, not to serve as a punitive or preventive measure. The court found prima facie that Shaikh had cooperated during the investigation and had undertaken to continue doing so during the trial. It was deemed likely that his presence could be secured even if released on bail, and the prosecution’s interests could be safeguarded by imposing appropriate conditions.

Considering the nature and gravity of the offence, the age and antecedents of the accused, and the prima facie assessment of the material on record, the court concluded that releasing Shaikh on bail at this stage was unlikely to prejudice the ongoing investigation or the interests of society at large. Consequently, the court found justifiable grounds to allow the bail application.

The Order:

The Special NDPS Court, Gr. Bombay, passed the following order:

1. NDPS Bail Application No. 705/2023 is allowed.
2. Applicant/accused Muzzafar Babu Iqbal Shaikh shall be released on bail in Spl. LAC/C.R. No. 301/2023 registered at Deonar police station for the offence under section 8(c) r/w section 22 of the NDPS Act, 1985, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand only) with one surety in the like amount, subject to the following conditions:
   • The applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation as and when required.
   • The applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
   • The applicant/accused shall cooperate in the early disposal of the trial.
   • The applicant/accused shall not commit any criminal offence while on bail.
   • The applicant/accused and his surety shall provide their respective mobile numbers and present address with proof of residence at the time of executing the bail bond/surety bond.
3. NDPS Bail Application No. 705/2023 is disposed of accordingly.

The order, pronounced in open court on September 6, 2023, provides a significant relief to Muzzafar Babu Iqbal Shaikh, subject to his adherence to the stipulated conditions. The case now moves towards the trial phase, where the prosecution will need to present its evidence to prove the charges against him.