Mumbai Court Grants Bail to Irfan Yasin Shaikh Accused in Ephedrine Seizure Case After Address Verification

Mumbai, Maharashtra – In a second attempt, a Special Judge for NDPS Cases in Greater Mumbai has granted bail to Irfan Yasin Shaikh, 36, who was arrested in October 2018 in connection with the seizure of 2 kilograms of Ephedrine. The order, delivered by His Honour Special Judge M. S. Mungale on November 19, 2018, hinged on the court’s satisfaction regarding Shaikh’s permanent residential address, which was a critical factor in his previous bail rejection.

Shaikh had initially filed Bail Application No. 787/2018, which was rejected on November 13, 2018. At that time, the court cited concerns about the accuracy of the address provided by the applicant and to the Investigating Officer, making it uncertain if he would consistently attend trial. However, the court had granted him the liberty to file a fresh bail application with documentary proof of a permanent residential address.

The Prosecution’s Case and Previous Rejection

Irfan Yasin Shaikh was arrested on October 15, 2018, following a raid by the Anti-Narcotics Cell (ANC) Unit, which led to the seizure of approximately 2 kilograms of Ephedrine, a controlled substance. The case was registered as NDPS C.R. No. 46 of 2018.

During the hearing for the current bail application (NDPS Bail Application No. 830 of 2018), Mr. B. G. Rajput, the learned Additional Public Prosecutor (APP), strongly opposed the bail. The APP pointed out that the only documents produced by the defense were photocopies of a leave and license agreement in the name of Shaikh’s real brother, along with affidavits from Shaikh’s wife and brother. The prosecution raised suspicions that this new leave and license agreement was executed on November 14, 2018—the very next day after the previous bail application was rejected—suggesting it might be an attempt to circumvent the court’s earlier concerns. The APP expressed doubt about the genuineness of the agreement and whether Shaikh’s family genuinely occupied the premises.

Applicant’s New Address and Affidavits

Mr. Gorakh Liman, the learned Advocate for the applicant/accused, presented the new bail application, providing a significantly different address: Flat No. 2(A), ‘C’ Building, 1st Floor, Mayfair Grace Co-Op. Hsg. Society, 2158, New Modikhana, Camp, Pune – 411 001. This contrasted with the previous addresses given in the first bail application and to the Investigating Officer.

To substantiate the new address, Shaikh’s wife, Nilofer Ashfaque Shaikh, and his real brother, Emran Yasin Shaikh, submitted affidavits on oath. They affirmed that Irfan, along with them and other family members, resides jointly at the Pune address. They further explained that their previous leave and license agreement expired on October 31, 2018, and the new premises in Pune were obtained under a new leave and license agreement in Emran Yasin Shaikh’s name from Mr. Imtiaz Abdul Rashid Tamboli and Mrs. Noorjahan Rashid Tamboli. The copy of this new agreement, annexed to the bail application, indicated it was executed before a Notary in Pune on November 14, 2018, for an 11-month period from November 1, 2018, to September 30, 2019.

Court’s Reasoning and Conditions for Bail

After hearing both sides and perusing the submitted documents and police papers, Judge Mungale noted that the quantity of Ephedrine seized (2 kilograms) does not automatically trigger the stringent bar for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act.

Despite the prosecution’s skepticism about the timing of the new agreement, the court accepted the affidavits filed by Shaikh’s wife and brother, stating that “by accepting affidavits filed by the said witnesses, the applicant/accused is entitled to be released on bail on certain conditions.”

The court granted bail subject to the following strict conditions:

Bail Bond: Irfan Yasin Shaikh is to be released on a Personal Recognizance (P.R.) bond of ₹30,000/- and a surety of the like amount.
Surety Submission: He is allowed to submit one or more sureties to meet the required amount.
Provisional Cash Security: Shaikh is given six weeks to arrange for the sureties, and in the interim, he can be released on bail by submitting a provisional cash security of ₹30,000/-.
Address Verification: A photocopy of the leave and license agreement submitted by the applicant will be sent to the In-charge police officer of the Camp Police Station, Pune, for verification of the address.
Fresh Address Memo: Shaikh must submit a fresh address memo on record by October 1, 2019.
Reporting to Police: He must report to the ANC Ghatkopar Unit every alternate Sunday between 11:00 a.m. and 2:00 p.m. until the final disposal of the case.
Attendance Diary: Shaikh is required to maintain a diary for reporting his presence and must produce it before the court on each adjourned date.
Photograph Submission: Before his release, the applicant must submit his photograph on record.
No Tampering with Evidence: He is strictly prohibited from tampering with prosecution evidence.

The application stands disposed of accordingly. The court’s decision reflects a careful balance between the seriousness of the charges and the need to ensure the accused’s presence during trial, especially given the previous concerns regarding his address.