Mumbai, October 20, 2018 – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Greater Mumbai, today granted bail to Firoz Kasam Shaikh alias Firoz Billi, 42, who was arrested in connection with the seizure of 5 kg of ganja. Special Judge Shri U.M. Mudholkar presided over the case, Bail Application No. 737 of 2018, arising from C.R./LAC No. 323/2018 registered at Malwani Police Station.

Firoz Shaikh was arrested for offenses punishable under Sections 8(c) read with 20(b) of the NDPS Act.

Details of the Case

According to the prosecution, Malwani Police Station officers received reliable information that the applicant, Firoz Shaikh, was involved in dealing ganja and was expected at a specific location to sell the contraband. A raid was consequently organized, leading to the alleged discovery of 5 kg of ganja in Shaikh’s possession and his subsequent arrest. Following his police custody, he was placed in judicial custody.

Arguments for Bail

Ld. Advocate Mr. V.P. Shinde, representing the applicant, argued that Firoz Shaikh was falsely implicated. He primarily contended that the seized quantity of ganja (5 kg) falls under the category of non-commercial quantity, which means the stringent bar of Section 37 of the NDPS Act, requiring the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty, does not apply.

Mr. Shinde also emphasized that the applicant is a permanent resident of Mumbai with deep roots in society, supported by documentary evidence in the form of his Aadhar Card and electricity bill, suggesting he would not abscond. He assured the court that the applicant was ready to abide by any conditions imposed for bail. The defence further pointed out that the investigation was “almost completed.”

Prosecution’s Opposition

Ld. APP Mr. Panjwani, for the State, contested the bail application, arguing that the contraband was seized from the accused in strict adherence to the provisions of the NDPS Act. The prosecution described Firoz Shaikh as a “habitual offender” with 14 criminal cases pending against him, though it was noted these were triable by a Metropolitan Magistrate. The prosecution expressed concern that if released on bail, the applicant might continue to engage in similar illegal activities.

Court’s Rationale for Granting Bail

Special Judge Shri U.M. Mudholkar carefully considered the arguments from both sides. The court acknowledged that the seized quantity of ganja (5 kg) is indeed an intermediate quantity, falling above the small quantity but below the commercial quantity. This crucial distinction meant that Section 37 of the NDPS Act was not attracted, thereby lowering the threshold for granting bail.

The judge observed that the applicant had been in custody since September 26, 2018, and by this time, the investigation was likely “almost completed,” with only the Chemical Analyser (CA) Report pending. The court noted that there was “no likelihood of tampering with the evidence or otherwise” as nothing further was to be recovered or discovered at the applicant’s instance.

Considering the protracted nature of trials under the NDPS Act, the court found it “not desirable to keep the applicant behind the bars till then,” deeming his further judicial custody unwarranted. The court accepted the documentary proof of Firoz Shaikh’s fixed place of residence, concluding there was a “minimal chance of his abscondance.”

Regarding the 14 pending criminal cases, the court noted they were all triable by a Metropolitan Magistrate and there was no record to suggest that the applicant was a previous convict. Therefore, the court concluded that merely on the basis of these criminal antecedents, the bail application could not be “straight way rejected.”

While granting bail, the court decided to impose stringent conditions to safeguard the prosecution’s interests.

Bail Conditions

The court allowed the bail application, ordering the release of Firoz Kasam Shaikh @ Firoz Billi on the following conditions:

• Personal Release Bond: He must execute a Personal Release Bond of ₹75,000/- (Rupees Seventy-Five Thousand only), with one or two sureties of the like amount.
• No Tampering with Evidence/Witnesses: The applicant shall not directly or indirectly dissuade any prosecution witnesses from deposing in court or tamper with the prosecution evidence in any way.
• No Further Criminal Activity: During the bail period, he shall not indulge in any criminal activity.

The Bail Application No. 737 of 2018 stands disposed of accordingly.