Mumbai, Maharashtra – Irfan Nawab Shaikh, who was arrested for allegedly possessing 10 grams of MD (Mephedrone) powder, has been granted bail by the Special Judge for NDPS Cases, Shri V.V. Vidwans (CR No. 42). The order, issued on November 3, 2018, noted that the quantity of the seized contraband was “non-commercial,” thus making the stringent provisions of Section 37 of the NDPS Act inapplicable.
Shaikh was apprehended on October 30, 2018, by the ANC (Anti-Narcotics Cell), Azad Maidan Unit, in connection with C.R. No. 51/18. He sought regular bail under Section 439 of the Code of Criminal Procedure.
Arguments and Court’s Decision
Ld. Adv. Mr. Liman, representing Irfan Nawab Shaikh, submitted that his client was arrested red-handed with 10 grams of MD powder. He emphasized that this quantity is less than 50 grams, falling under the “non-commercial quantity” category, which means the strict bail conditions of Section 37 of the NDPS Act are not attracted. Mr. Liman further stated that Shaikh is a permanent resident of the given address and is unlikely to abscond, and he is ready to abide by any conditions imposed by the court.
Mr. P.S. Tawade, the Ld. APP for the State, did not object to the bail application, which significantly streamlined the process.
Considering these submissions and the specific facts of the case, especially the “non-commercial quantity” of 10 grams of MD powder and the applicant’s status as a permanent resident, Judge Vidwans concluded that it would be “just and proper to release the accused on bail subject to conditions.”
Bail Conditions and Provisional Cash Bail
Irfan Nawab Shaikh has been released on a Personal Recognizance (P.R.) Bond of ₹25,000 with one or two solvent sureties for the like amount.
The bail is subject to the following conditions:
- He must attend the ANC, Azad Maidan Unit, once a fortnight, specifically on the 1st and 3rd Sunday of each month, between 11:00 AM and 2:00 PM.
- He shall not tamper with prosecution witnesses or evidence in any manner and must cooperate in the investigation.
- He must furnish his mobile/landline number and those of two nearest relatives or friends, preferably residing in Mumbai.
- He must provide proof of his identity and residence in Mumbai at the time of executing the bail bond.
- He shall not commit a similar offense while on provisional bail.
Later on the same day, Ld. Adv. Mr. Liman orally requested that Shaikh be released on provisional cash bail for four weeks to allow him reasonable time to arrange for a surety. The court found this request to be just and proper and granted it.
Accordingly, Irfan Nawab Shaikh has been released on a provisional cash bail of ₹25,000 deposited with the court for a period of four weeks. He is required to surrender himself on or before the expiry of these four weeks and furnish the stipulated surety. The Registrar (S) was directed to accept the cash bail amount even after treasury hours. The other conditions for bail remain unchanged.
The Bail Application No. 796 of 2018 stands disposed of, allowing Shaikh to be released from custody while his case proceeds.