Mumbai, November 8, 2023 – Shahbaz Imamul Haque Shaikh, also known as Mohd. Shahbaz @ Sibi Imamul Shaikh, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat. The order, dated November 6, 2023, allows Shaikh’s release in connection with C.R. No. 886/2023 registered at Oshiwara Police Station for offenses under sections 8(c) read with 21(b) & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Details of the Case

The prosecution’s case, as presented in court, stems from an incident on March 28, 2023. Informant Amol Sutar, a Police Constable from Oshiwara Police Station, was on patrolling duty when he observed two individuals, including Shaikh, acting suspiciously near Shantivan Road, Hanuman Mandir, Jogeshwari (W), Mumbai. Upon noticing the police team, the two individuals reportedly attempted to flee but were apprehended by API Anand Nagrale.

During the subsequent search, conducted after calling two panchas (independent witnesses), accused no.1, Suresh Premchand Gupta, was found in possession of 4 grams of MD, and accused no.2, Mohd. Shahbaz Imamul Shaikh (the applicant), was found with 3 grams of MD. Both individuals also had mobile handsets seized from them. The contraband and articles were seized under panchanama, and both accused were arrested. During the investigation, the accused reportedly named Sabu, Divakar Siraj, Ajju, and Vishal as their drug suppliers.

Arguments for and Against Bail

Mr. Yash Vora, representing Shahbaz Imamul Haque Shaikh, argued that his client was falsely implicated. He highlighted that only 3 grams of MD were recovered from the applicant, which is classified as “just more than small quantity” and “below commercial quantity.” Consequently, he asserted that the strict bar on bail under Section 37 of the NDPS Act was not attracted in this case. Mr. Vora also emphasized that the applicant is a resident of Mumbai and does not have a criminal record. He cited several precedents where bail was granted even in cases involving commercial quantities of contraband, further strengthening his plea. He assured the court that his client was ready to comply with all bail conditions.

Mr. Shankar Erande, the Learned Additional Public Prosecutor (A.P.P.) for the State, opposed the bail application. He informed the court that two accused had been arrested in the case, which arose from routine patrolling duty. He expressed concerns about the possibility of the applicant absconding and stressed that the source of the contraband was unknown. Mr. Erande categorized the offense as serious and requested the rejection of the bail application.

Court’s Decision and Conditions for Bail

After considering the arguments from both sides and reviewing the material on record, Special Judge R. R. Bhagwat noted that the recovery of contraband from Shahbaz Imamul Haque Shaikh was indeed 3 grams of MD. The court confirmed that this quantity falls under the category of “intermediate quantity,” thus affirming that the bar under Section 37 of the NDPS Act was not applicable.

The court also took into account that the applicant is a resident of Mumbai and has no prior criminal antecedents. While acknowledging the seriousness of the offense, the Judge concluded that Shaikh could be released on bail, provided stringent conditions were imposed to ensure his cooperation with further investigation.

Accordingly, Bail Application No. 896/2023 was allowed with the following conditions:

• Bail Bond: Shahbaz Imamul Haque Shaikh must execute a Personal Release (P.R.) Bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one or two sureties for the like amount.
• Police Reporting: The applicant must attend Oshiwara Police Station every Monday between 11:00 a.m. and 2:00 p.m. 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: At the time of executing the bail bond, the applicant must produce proof of his identity and residence.
• Non-Tampering: The applicant is strictly prohibited from tampering with prosecution witnesses or evidence in any manner and must cooperate in the early disposal of the trial.
• No Similar Offenses: The applicant shall not commit any similar offense while on bail.
• Provisional Cash Bail: At the request of the learned advocate for the applicant, Shahbaz Imamul Haque Shaikh will be released on a provisional cash bail of Rs. 30,000/- for four weeks from the date of the order, to allow time for arranging the sureties.

The application stands disposed of. The order was dictated on November 6, 2023, transcribed on November 7, 2023, and signed and uploaded on November 8, 2023.