Mumbai, March 18, 2024 – Shahanaj Yusuf Shaikh, a 50-year-old resident of Malad, Mumbai, has been granted bail by the Special Judge for NDPS Cases, Greater Mumbai, in a case involving intermediate quantities of MD and Ganja. Special Judge B.Y. Phad (Court Room No. 44) issued the order on March 4, 2024.

Shaikh was arrested in connection with Crime No. 25/2024, registered at the Malvani Police Station, under Sections 8(c) read with 20, 22, 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Background and Allegations:

The prosecution alleged that on January 5, 2024, accused Awtar Shaikh was found in possession of 1 gram of MD and stated that he purchased it from accused Noor Chaudhari. Further investigation revealed that Chaudhari possessed 503 grams of MD. Chaudhari stated that he had sold contraband to Shahanaj Shaikh on multiple occasions. Subsequently, Shahanaj Shaikh was arrested, and 20 grams of MD and 250 grams of Ganja were recovered from her possession.

Arguments Presented:

Advocate Kiran Gogavale, representing Shaikh, argued that his client was falsely implicated and that the quantity of drugs recovered from her was below commercial quantity, therefore, the stringent provisions of Section 37 of the NDPS Act were not applicable. He emphasized that Shaikh had a clean record, a permanent residence in Mumbai, and was willing to abide by any bail conditions. He relied on the ruling Sangeeta Y. Gaikwad vs. The State of Maharashtra to argue that bail should not be denied.

Additional Public Prosecutor (APP) Shankar Erande opposed the bail, arguing that although the quantity recovered from Shaikh was intermediate, she was associated with accused Chaudhari, from whom commercial quantity was recovered. He expressed concerns about the possibility of Shaikh committing similar offenses if released and stated that further investigation was necessary.

Court’s Reasoning and Decision:

Judge Phad considered the submissions and the fact that the quantity of drugs recovered from Shaikh was non-commercial. He referred to the Sangeeta Y. Gaikwad ruling and stated that bail could not be denied under Section 29 of the NDPS Act. He noted that Shaikh was well-rooted in society and had a permanent place of abode. He also pointed out that a co-accused who possessed a small quantity of contraband had been granted bail. Therefore, the court decided to grant bail to Shaikh with stringent conditions.

Bail Conditions:

Shaikh was granted bail upon executing a personal bond of Rs. 60,000 and a solvent surety bond of the same amount. The following conditions were imposed:

• Shaikh must report to the Malvani Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the final report is filed.
• She is prohibited from leaving the jurisdiction of Mumbai without explicit permission.
• She is prohibited from contacting co-accused, witnesses, or any individuals associated with the case and must not tamper with evidence.
• She must maintain her current address in Malad (W), Mumbai, and inform the court and investigating officer of any change.
• She must provide her active mobile number to the investigating officer and report any changes.
• She must not interfere with the ongoing investigation.
• She must surrender her passport or file an affidavit stating she does not possess one.
• She is prohibited from engaging in activities related to the registered offense.
• She must comply with all reasonable directions from law enforcement.
• She must provide a list of three blood relatives with their addresses and documentary proof.

Order Details:

The order was dictated on March 4, 2024, transcribed on March 18, 2024, and signed and uploaded on March 18, 2024, at 11:55 a.m.

This decision reflects the court’s consideration of the quantity of drugs recovered, the principle of parity, and the imposition of conditions to ensure Shaikh’s compliance with the legal process.