Mumbai, India – December 1, 2018 – The Special Judge for NDPS Cases in Greater Bombay today granted bail to Meerali Mehboob Ali Sayyed, also known as Raju Plaster, who was arrested on charges of possessing charas. His Honour Judge Shri V.V. Vidwans allowed the bail application (No. 851 of 2018) after noting that the quantity of contraband seized was non-commercial, meaning the stringent provisions of the NDPS Act’s Section 37 do not apply.
The Allegations and Defense
Meerali Mehboob Ali Sayyed was arrested on November 20, 2018, by Malvani police in a trap operation. Police allegedly recovered 650 grams of charas from his possession near Drainage Gate No. 6, KGN Group Chabi, Malvani, Malad (West), Mumbai. Since his arrest, Sayyed has been in judicial custody.
Ld. Advocate Mr. V.P. Shinde, representing the accused, argued that the seized quantity of 650 grams of charas falls under the “non-commercial quantity” category, thus exempting the case from the stricter bail conditions imposed by Section 37 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act. He presented photocopies of Sayyed’s Aadhaar Card and Ration Card to establish his permanent residential address, affirming that he is a permanent resident. Mr. Shinde also cited several Bombay High Court authorities to support his arguments on various aspects of the matter.
Prosecution’s Opposition and Criminal History
Ld. APP Mr. P.S. Tawade, for the State, strongly opposed the bail application. He confirmed the recovery of 650 grams of charas and asserted that there was prima facie evidence against the accused, adding that the mandatory provisions of Section 50 of the NDPS Act had been followed.
The prosecution highlighted that Sayyed is a “habitual offender,” listing a series of previous criminal cases against him:
- C.R. No. 68/90 under Section 324 of IPC
- C.R. No. 121/93 under Sections 452, 354, 506(2), 34 of IPC
- C.R. No. 140/09 under Sections 385, 323, 504, 506, 34 of IPC
- C.R. No. 295/14 under Sections 8(c), 22 of NDPS Act
- Chapter Case No. 23/93 under Section 110 of Cr.P.C.
- Preventive action under Section 151(3) of Cr.P.C. on September 9, 2010.
The prosecution argued that if granted bail, Sayyed was likely to repeat similar offenses in the future and that the investigation was still ongoing.
Court’s Reasoning and Conditions
After considering both oral and written submissions, as well as the authorities cited by the defense, the court acknowledged the High Court’s stance that “mere pendency of the criminal proceedings against accused cannot be considered as sufficient ground to treat him as a habitual offender unless offences are proved against him after trial of the case.” The court further noted that in similar circumstances, bail had been granted with imposed conditions.
Crucially, the court reiterated that since the seized quantity of charas (650 grams) is non-commercial, the stringent provisions of Section 37 of the NDPS Act do not apply. The Judge concluded that the prosecution’s purpose would be served by granting bail subject to appropriate conditions.
Bail Conditions
The court allowed Bail Application No. 851 of 2018, ordering Meerali Mehboob Ali Sayyed @ Raju Plaster to be released on bail under the following conditions:
- Personal Recognizance (P.R.) Bond: He must execute a P.R. Bond of ₹1,00,000/- (Rupees One Lakh Only) with one or two local sureties of the above extent.
- Investigation Cooperation: He is to attend the Investigating Officer (I.O.) at Malvani Police Station once in a fortnight on the 1st and 3rd Saturday of the month between 11:00 AM and 2:00 PM until the charge-sheet is filed. If the I.O. is absent, he must report to the Police Station Officer In-charge.
- No Tampering: He shall not tamper with prosecution witnesses or evidence in any manner and must cooperate with the investigation.
- Contact Information: He shall furnish his cell/landline number and also the numbers of two nearest relatives or two friends, preferably residing in Mumbai.
- Proof of Identity and Residence: He must produce proof of his identity and residence in Mumbai at the time of executing the bail bond.
- No Similar Offenses: He shall not commit any similar offense while on bail.
The court explicitly stated that a breach of any of these conditions would result in the cancellation of bail. The bail application stands disposed of accordingly.