Mumbai, November 30, 2023 – In a notable decision, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, granted bail to Karim Yaqoob Shaikh, identified as Accused No. 3, in connection with an NDPS case registered by Ghatkopar Police Station (CR.No.50 of 2022). The order, pronounced by Special Judge A.V. Kharkar, was primarily based on the principle of parity, as other co-accused from whom commercial quantities of contraband were seized had already been released on bail.
Shaikh, aged 33, residing in Ghatkopar, was arrested for alleged violations of Sections 8(c) read with 22(c), 27(a), and 29 of the NDPS Act. The bail application (BA.No.963/2023) was heard on November 30, 2023, just over a month after its presentation.
Details of the Prosecution’s Case
According to the FIR, the case originated on February 19, 2022, when a team of police officers from Ghatkopar Police Station, led by PSI Pisal, was on patrolling duty. Around 6 AM, they observed a person exhibiting suspicious movements near Noorani Masjid. Upon being stopped, the individual, later identified as Accused No. 1, gave evasive answers, leading the police to call night duty inspector PI Pardhi to the spot.
After arranging for panch witnesses and apprising the person of his rights under Section 50 of the NDPS Act, a search was conducted, revealing 50 grams of Mephedrone (MD). The accused then led the police to his house, where an additional 200 grams of MD were found. This entire quantity (250 grams) was seized.
During interrogation, the first accused disclosed that he had concealed more contraband, leading to the seizure of another 200 grams of MD from Accused No. 2, Rahul Jaiswar, who was present in the house. Subsequently, based on further interrogation, it was revealed that the contraband was purchased from one Santosh Apparao Sonwane (Accused No. 3 in the original FIR, though the current applicant is also Accused No. 3 Karim Yaqoob Shaikh). Santosh Sonwane was arrested, but no contraband was seized directly from him.
The role of the present applicant, Karim Yaqoob Shaikh, was allegedly disclosed through the analysis of mobile phones seized from the initial accused. The investigation reportedly revealed a money trail indicating that Shaikh had received money from Santosh Sonwane. Additionally, 12 grams of Mephedrone was seized from Karim Yaqoob Shaikh.
Applicant’s Arguments for Bail
Mr. Ayaz Khan, the counsel for Karim Yaqoob Shaikh, presented several arguments for bail:
- Delayed Arrest: Shaikh was apprehended approximately one year after the initial incident, being found at his native place in Fathepur, Uttar Pradesh.
- Parity with Co-Accused: Crucially, Mr. Khan highlighted that Accused No. 1 (from whom 250 grams MD was seized) and Accused No. 2 (Rahul Jaiswar, from whom 200 grams MD was seized), both of whom were found with commercial quantities of contraband, had already been released on bail. The bail orders for these co-accused were unchallenged and had attained finality.
- Intermediate Quantity: The quantity of contraband seized directly from the applicant, Karim Yaqoob Shaikh, was 12 grams of MD, which is considered an “intermediate quantity” under the NDPS Act. This means the stringent bar of Section 37 of the NDPS Act, which applies to commercial quantities, would not be applicable to his specific recovery.
- Applicability of Section 27A: The counsel also argued that Section 27A of the NDPS Act, which deals with financing illicit traffic and harbouring offenders, would not apply to a mere transaction of sale and purchase of narcotic substances, attempting to mitigate the severity of the financing charge.
Prosecution’s Opposition
APP Mr. S.D. Erande, representing the State, opposed the bail, arguing that:
- Chain of Supply: The recovery of an intermediate quantity from Shaikh could not be viewed in isolation, as it was part of a larger chain of narcotic substance supply.
- Financing Allegation: The prosecution emphasized Shaikh’s alleged involvement in financing the trade of narcotics, arguing that this aspect warranted the denial of bail.
Court’s Decision and Rationale
Special Judge A.V. Kharkar carefully considered the arguments from both sides. The pivotal factor in the court’s decision was the status of the co-accused. The order explicitly states: “In this case the accused Rahul Jaiswar and Santosh Sonwane from whom commercial quantity of contraband was seized have been released on bail. The bail order is not challenged and has attained finality.”
Given that the individuals from whom significantly larger, commercial quantities were recovered had already been granted bail and their bail orders remained unchallenged, the court found it “not appropriate to keep the accused behind bar,” especially since the quantity seized directly from Karim Yaqoob Shaikh was an intermediate quantity.
Bail Conditions
Based on these considerations, the court allowed Bail Application No. 963 of 2023. Karim Yaqoob Shaikh is to be released on furnishing a solvent surety and a Personal Recognizance (P.R.) bond of Rs. 50,000/- (Rupees Fifty Thousand Only), subject to the following conditions:
- The applicant and his surety must provide their residential addresses, mobile numbers, and email addresses (if any).
- The applicant shall not tamper with evidence or offer inducement or threaten prosecution witnesses.
- To ensure his presence, the applicant is required to mark his presence at Ghatkopar Police Station every Tuesday and Friday between 11:00 AM and 4:00 PM, until further order.
- Prior to his release, the applicant must furnish residential proof and deposit his Passport (if any) with the Investigating Officer, with intimation to the court.
- The applicant shall not commit offenses of a similar nature while on bail.
The bail application was accordingly disposed of. This ruling highlights the court’s emphasis on consistency and fairness in granting bail, particularly when co-accused facing more serious allegations have already been granted relief.