Mumbai- In a significant ruling under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Special NDPS Court at Greater Bombay granted bail to 26-year-old Salman Anis Shaikh, who was arrested by the Anti-Narcotic Cell (ANC), Mumbai, on December 7, 2018, for alleged possession of Mephedrone (MD). The bail was granted by Hon’ble Special Judge Shri U.M. Mudholkar (C.R. No.43) on December 18, 2018, and the order was officially uploaded on December 20, 2018.

According to the prosecution, on the date of arrest, the ANC was conducting a routine patrolling operation when they spotted Salman Shaikh and his associate Tausif loitering suspiciously near the Barma Cell Railway Line in Kurla (East), Mumbai. Upon being approached, the officers summoned two panch witnesses and searched both men. A black plastic bag found in Shaikh’s possession was allegedly found to contain 15 grams of MD, while his co-accused Tausif was found with 17 grams. Following this, both were arrested and booked under Sections 8(c), 22, and 29 of the NDPS Act for possession and conspiracy related to narcotic substances.

In court, Salman Shaikh, through his advocate Ms. Zehra Charania, argued that he had been falsely implicated and that the quantity of the narcotic substance allegedly found with him fell under the “intermediate quantity” category as per the NDPS Act. This, she argued, meant that the stringent restrictions on bail under Section 37 of the Act did not apply. Furthermore, the defence emphasized that Shaikh was a permanent resident of Mumbai with no previous criminal record, and he was willing to comply with any conditions the court may impose. His prolonged detention, she asserted, was unjustified given the nature of the allegations and his background.

The State, represented by Learned Additional Public Prosecutor Mr. Panjwani, opposed the bail application. The prosecution maintained that the narcotics were lawfully seized and accused Shaikh of selling the substance. They expressed concern that granting him bail could result in him resuming such activities. However, they did not dispute the quantity of the drug seized or provide evidence of previous offences.

After hearing both parties, the court concluded that the quantity of 15 grams of MD was indeed classified as intermediate, not commercial. Therefore, the bar on bail under Section 37 of the NDPS Act was not applicable. The court also took into account that the accused had been in custody since December 7, 2018, and noted that the investigation had likely been completed, except for the pending chemical analysis (CA) report. There were no allegations or records of prior criminal conduct against the accused, nor any evidence suggesting a likelihood of tampering with evidence or influencing witnesses.

Given these considerations, the court found continued judicial custody unwarranted and allowed the bail application. Salman Anis Shaikh was ordered to be released on furnishing a personal bond of ₹75,000 with one or two sureties of the same amount. He was directed not to directly or indirectly influence prosecution witnesses or tamper with evidence.

This case highlights the courts’ nuanced approach in applying the NDPS Act, particularly in distinguishing between small, intermediate, and commercial quantities. It also reiterates that procedural safeguards and the rights of the accused must be upheld, even in cases involving narcotics, especially where the severity of the offence does not mandate prolonged pre-trial detention.