Mumbai, Maharashtra – A Mumbai resident, Mehboob Guru Pasha Shaikh, 43, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Greater Bombay. The order, issued on January 2, 2024, by Special Judge (NDPS) Shri A.V. Kharkar, allows Shaikh’s release on furnishing a solvent surety and a personal recognizance (P.R.) bond of ₹50,000.

Shaikh was arrested by the Kherwadi Police Station in connection with C.R. No. 628 of 2023. He faces charges under Section 8(c) read with Sections 22(B) and 29 of the NDPS Act.

The prosecution’s account states that on September 19, 2023, during a routine police patrol, Shaikh and another individual were observed standing near a public toilet under suspicious circumstances. They were detained, and in the presence of two panch witnesses, a personal search was conducted. During this search, 6 grams of MD (Methylenedioxymethamphetamine) were allegedly found, leading to their prosecution under the NDPS Act.

During the bail application proceedings (Bail Application No. 967 of 2023), Advocate Saba Shaikh, representing the applicant, argued that the quantity of MD seized was a “non-commercial quantity.” This critical point meant that the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for bail in cases involving commercial quantities, would not apply. The defense also raised concerns about alleged non-compliance with statutory provisions regarding search and seizure.

Ms. Geeta Nayyar, the Assistant Public Prosecutor (APP) for the State, opposed the bail, citing that the investigation was still in progress and emphasizing the “gravity of offence.” She requested that the bail application be rejected.

However, after hearing arguments from both sides and reviewing the prosecution’s submitted statement, Judge A.V. Kharkar concurred with the defense on the issue of the quantity seized. The order explicitly states, “The seized contraband is non commercial quantity. Hence, bar of Section 37 of the NDPS Act would not apply.”

Further, the court considered that there were “no criminal antecedents” on the part of the applicant. In light of the non-commercial quantity of the seized contraband and the absence of a prior criminal record, the Special Judge concluded that there was “no impediment to release the accused on bail.”

As part of the bail conditions, Mehboob Guru Pasha Shaikh is required to:

• Provide his residential address, mobile number, and email address (if any), along with his surety.
• Refrain from tampering with evidence or attempting to induce or threaten prosecution witnesses.
• Mark his presence at the Kherwadi Police Station every Monday and Saturday between 11:00 a.m. and 4:00 p.m. until further orders, to ensure he does not flee.
• Furnish his residential proof and deposit any passport he may possess with the Investigating Officer, with intimation to the Court, prior to his release.
• Not commit any offense of a similar nature.

Bail Application No. 967 of 2023, filed under NDPS Remand Application No. 1271 of 2023, has been disposed of with this order. The order was dictated, typed, and signed by the Special Judge on January 2, 2024.