Mumbai, October 11, 2018 – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai today granted bail to a couple, Din Mohammad Mirasa Shaikh (49) and Jarina Mohammad Shaikh (40), who were arrested following a raid by Dahisar police. The couple, identified as Accused Nos. 1 and 2 in NDPS L.A.C. No. 242 of 2018, were facing charges under Section 8(c) punishable under Section 21 of the NDPS Act.
Special Judge M.S. Mungale presided over Bail Application No. 719 of 2018.
Case Background
According to the Investigating Officer’s report, 3 grams of alleged psychotropic substance Heroin were seized from the possession of Din Mohammad Mirasa Shaikh, and 2.650 grams of alleged Heroin were seized from Jarina Mohammad Shaikh. The couple was arrested on October 6, 2018.
The Investigating Officer contended that both applicants are “habitual in committing similar offenses” under the NDPS Act. It was specifically highlighted that Jarina Mohammad Shaikh (Accused No. 2) already had a similar case, L.A.C No. 142/2018 under Section 8(c) read with Section 21 of the NDPS Act, registered against her in Dahisar police station earlier in 2018, and she was currently out on bail in that matter. The prosecution argued that granting bail would likely lead to their further involvement in similar offenses.
Court’s Analysis and Decision
Ld. Advocate Mr. S.S. Bhandary represented the applicants, while Ld. A.P.P. Mr. B.G. Rajput appeared for the State.
The court noted that the seized quantity of Heroin from each accused falls between the “small quantity” and “commercial quantity” thresholds. This is a crucial distinction, as it means the stringent bar of Section 37 of the NDPS Act (which restricts bail for commercial quantity offenses) does not apply, allowing the court more discretion in entertaining the bail application.
The defence claimed that the applicants were permanent residents of Borivali (East), Mumbai. However, the court observed that no specific address proof was produced by the applicants, and their respective addresses were described differently in the bail application, despite them being husband and wife.
Considering the previous offense registered against Jarina Mohammad Shaikh in the same year, the court determined that imposing a condition of regular reporting to the police station was necessary to monitor their activities if released on bail.
Bail Conditions
Accordingly, Special Judge Mungale allowed the bail application with stringent conditions to ensure the applicants’ compliance and to prevent further criminal activity:
- Bail Bond: Din Mohammad Mirasa Shaikh and Jarina Mohammad Shaikh are to be released on bail upon executing a Personal Recognizance (P.R.) bond of ₹30,000/- (Rupees Thirty Thousand Only) each, with a surety of the like amount. They are permitted to submit one or more sureties to meet the total surety amount.
- Address Proof & Photograph: Before their release, both applicants must submit their respective address proofs and photographs on record.
- Mandatory Reporting:
- Until the charge-sheet is filed, they must report to Dahisar Police Station every Sunday between 9:00 a.m. to 11:00 a.m. without fail.
- After the charge-sheet is filed and until the disposal of the case, they must report to Dahisar Police Station on the last Sunday of each month between 9:00 a.m. to 11:00 a.m. without fail.
- Default Clause: If the applicants make two consecutive defaults in reporting to Dahisar police station, their bail bonds will be cancelled.
- Reporting Diary: They must maintain a diary for reporting to Dahisar police station, obtain the signature of the concerned Police Station Officer (PSO), and submit this diary before the Court on each adjourned date for verification.
- No Tampering: The applicants shall not tamper with prosecution evidence.
The application stands disposed of accordingly.