Mumbai, Maharashtra – A Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R. No. 44), granted bail to Mubarak Tejarat Shaikh, a 19-year-old student, who was arrested in connection with the possession of Mephedrone (MD). The order was issued on December 18, 2023, for NDPS Criminal Bail Application No. 1056 of 2023.
Shaikh was arrested on November 30, 2023, in C.R. No. 76 of 2023, registered with D. B. Marg Police Station, for offenses punishable under sections 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Prosecution’s Allegations
The prosecution’s case, presented by Ld. APP Mr. Shankar Erande, stated that on November 30, 2023, PSI Sanjay Gavkar received specific secret information about the applicant’s arrival to sell narcotics near Jamuna Mansion, Khetwadi, Girgaon, Mumbai. A pre-trap panchanama was conducted, and a trap was laid.
At approximately 2:05 PM, the applicant, Mubarak Tejarat Shaikh, arrived and was apprehended. He was informed of his rights under Section 50 of the NDPS Act, and a search was conducted. He was allegedly found in possession of 25 grams of MD in a transparent self-locking plastic pouch in his right pant pocket. Additionally, 24 empty transparent self-locking plastic pouches were found in his left pant pocket, along with Rs. 500/- cash and a mobile phone. A motorcycle (Access-125, MH05-DJ-3859) was also seized for investigation purposes. Following this, the offense was registered, and Shaikh was arrested.
The prosecution opposed bail, arguing that this was a case of specific prior information, the applicant was found with MD and empty pouches, indicating an intention to sell. They further stated that the offense is serious, a co-accused is yet to be arrested, and the investigation is at an initial stage, fearing that Shaikh’s release might hinder the arrest of the second accused.
Defense Arguments
Mr. Sherali Khan, the learned counsel for the applicant, argued that Mubarak Tejarat Shaikh is innocent and has been falsely implicated. He highlighted that the recovered quantity of MD is 25 grams, which falls under the non-commercial quantity category. Therefore, the stringent bar under Section 37 of the NDPS Act, which restricts bail for commercial quantities, is not attracted in this case.
The defense emphasized that Shaikh is a college-going student with no criminal antecedents, and keeping him with hardened criminals in jail could spoil his life. It was also mentioned that he is suffering from Tuberculosis (TB) and undergoing medical treatment, and continued jail custody would worsen his ailment. Mr. Khan asserted that Shaikh is a resident of Mumbai, willing to cooperate with the police in further investigation, and would not tamper with evidence.
Court’s Observations and Decision
Special Judge R. R. Bhagwat considered the rival submissions and the material on record. The court’s primary finding was that the recovered quantity of contraband, 25 grams of MD, indeed falls under the intermediate quantity category, meaning the bar under Section 37 of the NDPS Act is not attracted.
The court also took note that the applicant is a resident of Mumbai and has no criminal antecedents. While acknowledging that the investigation is in progress, the judge concluded that the applicant could be released on bail by imposing stringent conditions, including a directive to attend the police station regularly to ensure cooperation.
Bail Granted with Conditions
Based on these considerations, the court allowed NDPS Criminal Bail Application No. 1056 of 2023. Mubarak Tejarat Shaikh in C.R. No. 76/2023 of D. B. Marg Police Station is to be released on:
- Executing a Personal Recognizance (P.R.) Bond of Rs. 40,000/- (Rupees Forty Thousand only).
- Furnishing one or two sureties of the like amount.
- Provisional cash bail of Rs. 40,000/- is permitted for the next four weeks from the date of the order, allowing time to arrange for sureties.
The bail is subject to the following stringent conditions:
- Reporting to Police: The applicant/accused must attend D. B. Marg Police Station every Monday between 11:00 a.m. to 02:00 p.m. until the charge-sheet is filed.
- Contact Information: He and his sureties must provide their respective mobile numbers and correct residential addresses, along with names and contact details of two relatives.
- Proof of Identity & Residence: He must produce proof of identity and residence at the time of executing the bail bond.
- No Tampering: He shall not tamper with prosecution witnesses/evidence in any manner and must cooperate in the early disposal of the trial.
- No Similar Offence: He shall not commit a similar offense while on bail.
The application was disposed of accordingly.