Mumbai, December 21, 2018 – A Special Judge for NDPS Cases in Greater Mumbai, M. S. Mungale, has granted bail to Manzar Deen Mohd. Shaikh, 43, who was apprehended with 89 grams of heroin. The order, issued on December 19, 2018, allows Shaikh to be released on a Personal Recognizance (P.R.) bond of Rs. 1,00,000/- and a surety of the like amount.

Shaikh, a labourer residing in Khetwadi, Mumbai, had filed a bail application (NDPS Bail Application No. 919 of 2018) under Section 439 of the Code of Criminal Procedure. He argued that the seized quantity of heroin, 89 grams, was below the commercial quantity, and therefore, the stringent bail restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act did not apply to his case. He also affirmed his status as a permanent resident, promising to abide by all bail conditions.

The prosecution, represented by the Anti-Narcotic Cell (ANC), Ghatkopar Unit, opposed the bail, acknowledging that the quantity was not commercial but highlighting that the market value of the seized heroin was Rs. 8,90,000/-. They also contended that Shaikh was a “habitual offender” and might abscond if released on bail. The alleged offense attracts punishment under Section 21 of the NDPS Act, which prescribes imprisonment up to ten years and a fine of Rs. 1 lakh.

After hearing arguments from both Mr. S. R. Patil, the learned Advocate for the applicant, and Mr. B. G. Rajput, the learned A.P.P. for the State, Special Judge M. S. Mungale noted that the seized quantity of heroin was indeed below commercial quantity. He observed that the offense alleged against Shaikh was punishable with less than life imprisonment.

Considering these factors, the court found no compelling reason to keep the applicant behind bars.

Bail Conditions Imposed

The court granted bail to Manzar Deen Mohd. Shaikh with the following conditions:

• Bail Bond and Surety: He must execute a P.R. bond of Rs. 1,00,000/- and provide a surety of the same amount. He is permitted to submit one or more sureties to meet this amount.
• Provisional Cash Security: He has been given six weeks to arrange for the surety. In the interim, he can be released on a provisional cash security of Rs. 1,00,000/-.
• Documentation: Before release, he must submit his residential address proof and photograph on record.
• Mandatory Reporting: He is required to report to the Anti Narcotic Cell, Ghatkopar Unit, Mumbai, every Monday between 11:00 a.m. and 2:00 p.m. until the chargesheet is filed. Thereafter, he must report to the same ANC Unit on the last Monday of each month until the final disposal of the case.
• Attendance Diary: He must maintain a diary to record his presence and produce it before the court on each adjourned date.
• No Tampering: He is explicitly directed not to tamper with the prosecution evidence.

The bail application has been disposed of accordingly. The order was dictated and pronounced on December 19, 2018, and signed and uploaded on December 21, 2018. This decision reflects the judiciary’s adherence to the NDPS Act’s provisions regarding bail when the quantity of seized contraband falls below the commercial threshold, while also implementing measures to ensure the accused’s continued cooperation with the legal process.