The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), in Greater Bombay, has granted bail to Husain Salim Shaikh (38), a Mumbai resident arrested for the alleged possession of Ganja.

Special Judge K. P. Kshirsagar allowed the application (Criminal Bail Application No. 1056 of 2024) on May 3, 2024. The Court emphasized that the recovered quantity was Intermediate, which exempts the case from the rigorous conditions of Section 37 of the NDPS Act. The Court also explicitly stated that a prior criminal antecedent is not an automatic ground for bail rejection.

Case Details and Recovery

• Applicant: Husain Salim Shaikh, R/o Borivali (East), Mumbai.
• Case: Spl. LAC/C.R. No. 310/2024 registered at Kasturba Marg Police Station, Mumbai.
• Offences: Section 8(c) read with Section 20(b) of the NDPS Act (Possession of Ganja/Marijuana).
• Recovery: The prosecution alleged the recovery of 1 Kg 550 grams of Ganja from the applicant’s possession on April 17, 2024.

Court’s Rationale for Granting Bail

The Ld. APP, Mr. P.J. Rajput, strongly opposed the application, citing the serious nature of the offense and revealing that the applicant has one criminal antecedent under the NDPS Act, raising concerns that he may continue to commit similar offenses. However, the Court delivered its ruling based on the following legal and factual considerations:

1. Intermediate Quantity: The Court determined that the recovered quantity of 1 Kg 550 grams of Ganja is a non-commercial quantity falling under the Intermediate Quantity range. Consequently, the rigors of Section 37 of the NDPS Act are not applicable.
2. Criminal Antecedents Not Bar: The Judge directly addressed the prosecution’s concern about the prior offense, stating that the “Mere fact that, applicant/accused is having criminal antecedents itself is not a ground for rejection of bail.”
3. Investigation Status: The applicant has been in custody since April 17, 2024. The Court found that “nothing is to be recovered from him,” and the investigation in respect of the applicant is “almost completed.”
4. Personal Liberty: Upholding the sanctity of personal liberty and the presumption of innocence, the Court concluded that there was no necessity for further detention to facilitate a fair investigation.

The Court ultimately decided that the applicant’s presence could be secured through appropriate conditions, and there were justifiable grounds for granting bail.

Bail Conditions

The Criminal Bail Application No. 1056 of 2024 was allowed. Husain Salim Shaikh was released on bail upon:

• Personal Bond: Executing a Personal Bond of ₹50,000/- with one or more sureties in the like amount.
• Cooperation & Attendance: The applicant shall co-operate with the Investigating Officer and make himself available for interrogation as and when required.
• Non-Tampering: He shall not tamper with prosecution evidence or influence the prosecution witnesses.
• No New Offences: He shall not commit any criminal offence while on bail.
• Trial Cooperation: He shall co-operate in the early disposal of the trial.