Mumbai, April 25, 2024 – Siraj Sikandar Shaikh, a 32-year-old rickshaw driver, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, Greater Mumbai, in a case involving an intermediate quantity of Mephedrone. Special Judge K.P. Kshirsagar (Court Room No. 43) issued the order on April 23, 2024.

Shaikh was arrested in connection with LAC/C.R. No. 320/2024, registered at the Amboli Police Station, for offenses under Section 8(c) read with Section 21(b) of the NDPS Act, 1985.

Background and Allegations:

On March 24, 2024, 25 grams of Mephedrone were allegedly recovered from Shaikh’s possession. He was subsequently arrested and charged under the NDPS Act.

Arguments Presented:

Advocate Anup Lahoti, representing Shaikh, argued that this was his client’s first bail application and that no other applications were pending in higher courts. He emphasized that the recovered quantity was an intermediate quantity, thus the stringent provisions of Section 37 of the NDPS Act did not apply. He highlighted that Shaikh had no prior criminal record, was 32 years old, and had been in custody since March 24, 2024. He also stated that nothing further needed to be recovered from Shaikh, who was a Mumbai resident and willing to abide by all court conditions.

Additional Public Prosecutor (APP) Rajput opposed the bail, arguing that Shaikh possessed the Mephedrone for sale, indicating he was a drug peddler. He also claimed that the investigation was ongoing and that Shaikh’s release could hamper it.

Court’s Reasoning and Decision:

Judge Kshirsagar noted that the quantity of Mephedrone recovered was an intermediate quantity, making Section 37 of the NDPS Act inapplicable. He also observed that Shaikh had no criminal antecedents and was a Mumbai resident. The court acknowledged that Shaikh had been in custody since March 24, 2024, and that the investigation appeared to be nearing completion.

The court emphasized the importance of personal liberty, the presumption of innocence, and the purpose of bail, which is to secure the accused’s attendance at trial, not to punish or prevent. The court found that Shaikh had cooperated during the investigation and was likely to attend future proceedings if released on bail.

Considering the nature and gravity of the offense, Shaikh’s age and antecedents, and the prima facie material on record, the court found no reason to further detain him.

Bail Conditions:

Shaikh was granted bail upon executing 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 be 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 directly typed, checked, and signed on April 23, 2024, and uploaded on April 25, 2024, at 5:00 p.m.

This decision reflects the court’s consideration of the quantity of drugs recovered, the inapplicability of Section 37 of the NDPS Act, Shaikh’s lack of criminal record, and the imposition of conditions to ensure his compliance with the legal process.