Mumbai, Maharashtra – May 18, 2022 – Shamsirnissa Shabbirahmed Shaikh, a vegetable seller, has been granted bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Special Judge, V.V. Patil, of the NDPS Court for Greater Mumbai, approved Shaikh’s bail application (Bail Application No. 986 of 2022) citing the non-commercial quantity of the recovered substance and the absence of any convictions.
Background of the Case:
Shaikh was arrested on April 23, 2022, and charged under Section 8(c) read with 22(b) of the NDPS Act, 1985.
Allegations and Arrest:
According to the prosecution, officers from the respondent, DCB CID ANC Bandra Unit, while on patrol, found Shaikh walking suspiciously with a white bag. Upon searching the bag, they recovered Chlorpheniramine Maleate and Codeine Phosphate syrup, Mocrcerex, and 9 bottles of Codeine Phosphate syrup.
Defense Arguments:
Mr. Singh, representing Shaikh, argued that she was falsely implicated. He emphasized that the recovered quantity, 9 bottles of Codeine Phosphate, was non-commercial, therefore not attracting the stringent provisions of Section 37 of the NDPS Act. He also highlighted that Shaikh, a 50-year-old woman, was a permanent resident of Mumbai and not likely to abscond. He stated she was ready to abide by any conditions imposed by the court.
Prosecution’s Counter-Arguments:
Mr. Rajput, the Additional Public Prosecutor (APP), opposed the bail application, stating that Shaikh was a habitual offender with five cases registered against her (four under the IPC and one under the NDPS Act). He argued that she had not cooperated with the investigation and might commit similar offenses or abscond if released.
Court’s Observations and Decision:
Judge Patil noted that the recovered quantity (9 bottles of Codeine Phosphate) fell under the category of non-commercial quantity, thus not attracting the stringent provisions of Section 37 of the NDPS Act.
“Now, the prosecution has not disputed that the recovery of 9 bottles of Codeine Phosphate from the applicant falls under category of non-commercial quantity and therefore, stringent provisions of sec. 37 of NDPS Act would not apply,” Judge Patil stated in his order.
Regarding the prosecution’s claim that Shaikh was a habitual offender, the court observed that while five cases were registered against her, there were no convictions.
“However, it is submitted on behalf of applicant that she is not convicted for any offence. This fact is not disputed by Ld. APP during course of argument. Hence I am of the opinion that applicant cannot be denied bail merely because some cases are registered against him, if otherwise she is entitled to be released on bail,” Judge Patil stated.
The court concluded that since the recovery was complete, Shaikh was a permanent resident of Mumbai, and she was ready to abide by court conditions, she was entitled to bail.
Bail Conditions:
The court granted bail to Shaikh, subject to the following conditions:
- She must execute a Personal Recognizance (PR) bond of Rs. 30,000 with one or two sureties of the same amount.
- She must attend the ANC Bandra Unit office every Thursday between 2:00 PM and 5:00 PM until the chargesheet is filed.
- She and her sureties must provide their mobile numbers and correct addresses, along with the names, mobile numbers, and addresses of two relatives.
- She must provide proof of identity and residence at the time of executing the bail bond.
- She must not tamper with prosecution witnesses or evidence.
- She must not commit similar offenses while on bail.
- She was granted permission to furnish provisional cash bail of Rs. 30,000 for eight weeks.
Significance of the Ruling:
This ruling highlights the court’s consideration of the quantity of the recovered substance and the accused’s criminal history in NDPS cases. The court’s decision underscores that in cases involving non-commercial quantities and where the accused has no convictions, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.
Key Factors in the Bail Grant:
- Non-commercial quantity of the recovered substance.
- Absence of convictions.
- Shaikh’s permanent residency in Mumbai.
- Completion of the recovery process.
- Conditions to ensure Shaikh’s presence and prevent witness tampering.
Future Proceedings:
The investigation will continue, and the chargesheet will be filed. The trial will then proceed in the NDPS Court. The prosecution will be required to prove the charges against Shaikh beyond a reasonable doubt. The court will monitor Shaikh’s compliance with the bail conditions.