Mumbai, Maharashtra – In a recent development, the Special Court for Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, has granted bail to Mohammed Arif Samiullah Shaikh, a 32-year-old service professional residing in Malad (East), Mumbai. The bail application, NDPS BA No. 1045 of 2023, was approved by Additional Sessions Judge (C.R.43) K.P. Kshirsagar on December 19, 2023.

Shaikh was seeking bail under Section 439 of the Code of Criminal Procedure in connection with Spl. LAC/C.R. No. 960/2023, registered at Ghatkopar police station, Mumbai. He was accused of offences punishable under section 8(c) read with section 22(b) of the NDPS Act.

According to the prosecution’s case, on November 3, 2023, 8 grams of Mephedrone (MD) were recovered from Shaikh’s possession.

Learned Advocate Mr. Tanveer Farooqui, representing the applicant, informed the court that this was the first bail application filed by Shaikh and no other similar application was pending in any higher court. He emphasized that the quantity of contraband recovered, 8 grams of MD, falls under the category of an “intermediate quantity,” not a “commercial quantity.” Therefore, he argued that the stringent provisions of Section 37 of the NDPS Act, which impose limitations on bail for commercial quantities, were not applicable in this matter. Mr. Farooqui highlighted that Shaikh is a permanent resident of Mumbai with no prior criminal antecedents and expressed his client’s willingness to abide by all conditions imposed by the court.

On the other hand, Learned APP Mr. P.J. Tarange, representing the respondent/prosecution, argued that the alleged offense was serious. He contended that the investigation revealed Shaikh to be a “drug peddler” and expressed concerns that his release on bail might hamper the investigation or lead him to continue committing such offenses. However, he also confirmed that the investigation in the case had been completed.

After reviewing the application, documents, prosecution’s reply, and hearing arguments from both sides, the court made several key observations. Justice Kshirsagar noted that the alleged offense is punishable with imprisonment up to 10 years and a fine of up to Rs. One lakh. Crucially, the court acknowledged that the recovered quantity of contraband was indeed a “non-commercial” or “intermediate quantity,” confirming that the rigours of Section 37 of the NDPS Act were not applicable.

The court further noted that the applicant had been in custody since November 4, 2023, and that nothing more was to be recovered from him. It was also highlighted that the investigation in the matter had been completed. The court found no evidence of any criminal antecedents of a similar nature attributed to the applicant, and from the prosecution’s reply, no just ground necessitating Shaikh’s further detention was apparent.

Emphasizing the importance of personal liberty as a fundamental right and the presumption of innocence until proven guilty, the court stated that the object of bail is to ensure the accused’s attendance at trial, not to be punitive or preventive. The court observed that prima facie, Shaikh had cooperated during the investigation and had undertaken to cooperate during the trial. It was concluded that his presence would likely be secured even if released on bail, and the interests of the prosecution could be safeguarded by imposing certain conditions.

Considering the nature and gravity of the offense, the age, and antecedents of the accused, the court determined that releasing Shaikh on bail at this stage would not be prejudicial to a fair investigation or to the interest of society at large. Therefore, the court found justifiable grounds for granting bail.

Accordingly, the court allowed NDPS Bail Application No. 1045/2023. Mohammed Arif Samiullah Shaikh is to be released on bail upon executing a personal bond of Rs. 50,000 with one surety in the like amount, subject to the following conditions:

The applicant shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.

The applicant shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.

The applicant shall cooperate in the early disposal of the trial.

The applicant shall not commit any criminal offense while on bail.

The applicant and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of execution of the bail bond/surety bond.

The NDPS Bail Application No. 1045/2023 was thus disposed of.