Mumbai, September 13, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar, has rejected the bail application of a 45-year-old woman, Mrs. Aayesha Sajid Shaikh @ Bindu Ajay Nisad, who was arrested in connection with the seizure of 127 grams of heroin. The order, dated September 11, 2023, was made public on Wednesday.
Shaikh was apprehended in relation to C.R. No. 1162/2023 registered at Bandra Police Station, Mumbai, for offences punishable under sections 8(c) read with 21(b) and section 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution alleges that the heroin was recovered from her possession on August 9, 2023, and further investigation revealed her alleged involvement in the sale of the contraband in collusion with a wanted accused.
The bail application, NDPS Bail Application No. 729 of 2023, was filed by Shaikh seeking release under Section 439 of the Code of Criminal Procedure. Her advocate, Mr. R.R. Mishra, argued that this was her first bail application and no other similar application was pending in any higher court. He emphasized that the quantity of heroin recovered, 127 grams, falls under the intermediate quantity as defined under the NDPS Act, and therefore, the stringent conditions of Section 37 of the Act, which impose limitations on granting bail, are not applicable. Furthermore, the defense counsel submitted that Shaikh has no prior criminal record and is willing to abide by any conditions imposed by the court. In support of his arguments, he cited the case of Sami Ullaha Vs. Superintendent, Narcotic Central Bureau (2009 Cri. L.J. 1306) decided by the Hon’ble Apex Court.
However, the prosecution, represented by Learned APP Mr. P.J. Tarange, vehemently opposed the bail application. He argued that the seized quantity of 127 grams of heroin is significantly more than the small quantity specified under the NDPS Act. Moreover, the prosecution brought to the court’s attention that the accused has a prior criminal antecedent, with a previous offence registered against her under the NDPS Act.
The investigation, according to the prosecution, has revealed that Shaikh was actively involved in the sale and purchase of contraband, sourcing it from the wanted accused who is yet to be apprehended. The prosecution contended that releasing Shaikh at this crucial stage of the investigation could potentially hamper the ongoing efforts to apprehend the remaining accused and complete the investigation. Additionally, they expressed concerns that if released on bail, Shaikh is likely to commit similar offences.
After carefully considering the arguments from both sides and perusing the application, relevant documents, the prosecution’s reply, and the material on record, Additional Sessions Judge K.P. Kshirsagar delivered the oral order rejecting the bail application.
In his order, Judge Kshirsagar noted that while the quantity of heroin recovered is intermediate, prima facie appreciation of the material suggests that Shaikh is a drug peddler involved in the sale of contraband. The court also took cognizance of her previous criminal record involving an offence under the NDPS Act.
The court further observed that the material on record prima facie indicates a nexus between Shaikh and the wanted accused, dismissing the defense’s contention of no connection or conspiracy. Judge Kshirsagar highlighted that the investigation is still ongoing, and there is no apparent reason to doubt the genuineness of the prosecution’s case. He also noted the absence of any inherent infirmities or improbabilities in the prosecution’s narrative at this stage.
Considering the nature and gravity of the offence, the court opined that there is a possibility of Shaikh tampering with prosecution witnesses, influencing them, or becoming involved in similar offences if released on bail. Furthermore, the court concluded that releasing her at this juncture could prejudice the ongoing investigation and potentially hamper its progress. Therefore, the court deemed further detention of the accused necessary to facilitate the completion of the investigation.
Judge Kshirsagar also emphasized that the accusations against Shaikh and the prima facie evidence suggest an active role played by her in the alleged crime, which is of a heinous nature. He stated that a high degree of evidence is not required at this stage to establish conspiracy and that Shaikh has failed to demonstrate that she is not involved in the crime.
Concluding his order, Judge Kshirsagar stated that considering the aforementioned facts, discussion, and prima facie appreciation of the material on record, releasing Shaikh at this stage would likely be prejudicial to the interest of society at large. He further added that a liberal approach in granting bail for such offences under the NDPS Act is unwarranted.
Based on these observations, the Special Court rejected the bail application of Mrs. Aayesha Sajid Shaikh, thereby ordering her continued judicial custody pending further investigation and trial. The order was pronounced in open court on September 11, 2023.