Mumbai, Maharashtra – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has granted bail to Parvez Akthar Mohd. Shafique Shaikh (32), who was arrested with 18 grams of Mephedrone (MD). The court’s decision, issued by Special Judge R.R. Bhagwat (C.R.44) on October 9, 2023, in Bail Application No. 830 of 2023, hinged on the fact that the seized quantity was classified as “non-commercial.”

Background of the Case

The case stems from C.R. No. 444/2023 registered at Vikhroli Police Station. According to the prosecution, on September 12, 2023, at approximately 8:30 PM, informant HC Rajendra Patil of Vikhroli Police Station, along with other police staff, were on patrolling duty near the pedestrian bridge on Eastern Express Way, Vikhroli (East). They observed Shaikh with a white plastic bag, attempting to hide in the dark.

Upon inquiry, Shaikh gave evasive answers. Panch witnesses were called, and he was informed of his rights under Section 50 of the NDPS Act. ASI Tambe, as directed by PI More, conducted a personal search, which led to the seizure of 18 grams of MD from a plastic bag in Shaikh’s possession. He was subsequently arrested after the registration of the FIR.

Arguments for Bail

Ld. Adv. Mr. Deepak Kumar Giri, representing Parvez Akthar Mohd. Shafique Shaikh, argued that his client was innocent and falsely implicated. He stressed that the recovered 18 grams of MD falls under the “intermediate” or “non-commercial quantity” category, meaning the stringent provisions of Section 37 of the NDPS Act (which restrict bail for commercial quantities) are not applicable.

Mr. Giri highlighted that his client has no criminal antecedents and is a permanent resident of Mumbai. He stated that Shaikh is the sole earning member of his family, and his continued incarceration would cause his family to starve. He assured the court that the applicant was ready to cooperate with the investigating machinery and abide by all conditions imposed by the court.

Prosecution’s Opposition

Ld. APP Shankar Erande, representing the State, opposed the bail application. He stated that it was a patrolling case where the applicant was found in a suspicious condition. He confirmed that 18 grams of MD were recovered from Shaikh after following Section 50 procedures. Mr. Erande argued that the offense is serious, the source of the contraband is unknown, and if granted bail, the accused might abscond. He, therefore, prayed for the rejection of the bail application.

Court’s Analysis and Decision

Special Judge R.R. Bhagwat reviewed the record and the arguments presented. The court found that the quantity of contraband recovered was indeed “non-commercial quantity,” and therefore, the bar under Section 37 of the NDPS Act was “not attracted.”

The judge also considered that the applicant has no criminal antecedents and is a resident of Mumbai. The court concluded that Shaikh’s presence could be secured during the trial and that “stringent conditions can be imposed while releasing the applicant on bail in order to serve purpose of remaining investigation.”

Based on these reasons, the court determined that the applicant was entitled to bail.

Bail Granted with Conditions

The court allowed Bail Application No. 830 of 2023, ordering Parvez Akthar Mohd. Shafique Shaikh’s release on his executing a Personal Recognizance (P.R.) Bond of ₹40,000/- (Rupees Forty Thousand only) with one or more sureties in the like amount, subject to the following conditions:

• Reporting to Police: The applicant shall attend Vikhroli Police Station every Monday between 10:00 AM to 2:00 PM for investigation purposes until the charge-sheet is filed.
• Contact Information: The applicant and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• Proof of Identity and Residence: The applicant must produce proof of his identity and residence when executing the Bail Bonds.
• No Tampering: The applicant shall not tamper with prosecution witnesses/evidence in any manner and must cooperate in the early disposal of the trial.
• No Similar Offence: The applicant shall not commit any similar offense while on bail.

Additionally, at the request of the applicant’s counsel, the court allowed Shaikh to be released on a provisional cash bail of ₹40,000/- for the next four weeks from the date of the order.

The application was disposed of accordingly.