Mumbai, Maharashtra – A Special Judge for NDPS Cases at Greater Mumbai, M.S. Mungale (C.R. No. 44), on November 2, 2018, granted bail to Mohammed Abdul Rashid Noor Jamal Shaikh, a 20-year-old tailor from Dharavi, who was arrested in connection with a cocaine possession case.

Shaikh had filed Bail Application No. 778 of 2018 under Section 439 of the Code of Criminal Procedure, seeking release on bail in Dongri police station L.A.C. No. 48/2018.

According to the prosecution, on October 17, 2018, police officers from Dongri police station were on patrol when they observed Shaikh acting suspiciously near Sitaram Shenoy Garden, Navroji Hill Road No. 5, Dongri. Following a personal search conducted as per procedure, 14 grams of cocaine, valued at Rs. 28,000, were found in his possession.

The Investigating Officer (I.O.) had opposed the bail application, arguing in a reply dated November 2, 2018, that if released, Shaikh might commit similar offences or abscond.

However, after hearing arguments from Ms. Munira Palanpurwala, the learned Advocate for the applicant, and Mr. B.G. Rajput, the learned Additional Public Prosecutor for the State, and perusing the police papers, the court concluded that the quantity of contraband seized, 14 grams of cocaine, was above a small quantity but below a commercial quantity. This classification, referred to as a “non-commercial quantity,” meant that the stringent bar on granting bail under Section 37 of the NDPS Act did not apply in this case.

The court noted that Mohammed Abdul Rashid Noor Jamal Shaikh is a permanent resident of Dharavi, Mumbai. The judge stated that imposing certain conditions on the applicant while granting bail would adequately ensure his presence for interrogation by the I.O. whenever necessary.

Consequently, the court allowed Bail Application No. 778/2018 under the following terms:

Mohammed Abdul Rashid Noor Jamal Shaikh is to be released on bail upon executing a Personal Recognizance (P.R.) bond of Rs. 25,000 and furnishing a surety of the like amount.

The applicant is permitted to submit one or more sureties to match the required surety amount.

A period of six weeks has been granted to the applicant to submit the sureties. In the interim, Shaikh will be released on bail upon providing a provisional cash security of Rs. 25,000.

The applicant is required to report to the Dongri police station every Friday between 9:00 AM and 11:00 AM until the charge-sheet is filed.

He must maintain a diary for reporting his presence and produce it before the court on each adjourned date.

The bail bonds will be cancelled if the applicant commits two consecutive defaults in reporting.

Before his release on bail, the applicant must submit proof of his residential address and a photograph on record.

Finally, Mohammed Abdul Rashid Noor Jamal Shaikh is strictly prohibited from tampering with prosecution evidence.

The application stands disposed of accordingly.