Mumbai, Maharashtra – In a recent development, the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), granted bail to Shehbaaz Mehmood Shaikh, 30, in Bail Application No. 887 of 2023. Shaikh, identified as Accused No. 2, was arrested on September 13, 2023, in connection with C. R. No. 62/2023 registered at Sewree Police Station for offences under sections 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The court’s decision hinged on the fact that no contraband was recovered directly from Shaikh, and the quantity of the drug seized from co-accused Usman Nasim Shaikh was an intermediate quantity, which meant the stringent conditions of Section 37 of the NDPS Act were not applicable.
Shehbaaz Mehmood Shaikh has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. Here’s a detailed news report on the matter:
The Prosecution’s Allegations
According to the prosecution’s case, on September 10, 2023, while on patrolling duty, police apprehended one Usman Nasim Shaikh (Accused No. 1) near the B.P.T. road bridge in Sewree. A search of Usman led to the recovery of 18 grams of MD (Mephedrone) from a blue plastic bag in his right pant pocket, along with ₹500 in cash.
Following his apprehension, Accused No. 1, Usman, reportedly revealed the name of Shehbaaz Mehmood Shaikh (Accused No. 2) as the supplier of the drugs. Based on this disclosure statement, Shehbaaz Mehmood Shaikh was arrested on September 13, 2023. The prosecution argued that despite the seized contraband being an intermediate quantity, the offence was serious, and Shehbaaz had admitted to acquaintance with Accused No. 1, allegedly supplying him with 20 grams of MD.
Arguments for Bail
Mr. S.R. Patil, the learned counsel representing Shehbaaz Mehmood Shaikh, asserted that his client was innocent and had been falsely implicated. He emphasized that no contraband was recovered from Shehbaaz, making the rigors of Section 37 of the NDPS Act inapplicable.
Mr. Patil further contended that the investigation was complete, and nothing more needed to be recovered from the applicant. He argued that keeping Shehbaaz in judicial custody would amount to “pre-trial punishment” and that the trial would undoubtedly take its own time. He highlighted that Shehbaaz had no prior criminal antecedents and was a permanent resident of Mumbai, assuring the court that his client was ready to abide by all imposed conditions.
Court’s Observations and Decision
Special Judge R. R. Bhagwat, after reviewing the bail application, the investigating officer’s report, and hearing both sides, made several key observations. The court noted that an intermediate quantity of contraband (18 grams of MD) was recovered from Accused No. 1, not directly from Shehbaaz Mehmood Shaikh. This confirmed that the stringent provisions of Section 37 of the NDPS Act were not applicable to the present matter.
The court also found that Shehbaaz Mehmood Shaikh is a resident of Mumbai and has no criminal antecedents. The judge concluded that Shehbaaz’s presence could be secured for further investigation and trial, and that necessary conditions could be imposed to ensure cooperation.
“Personal liberty is most precious of all fundamental rights,” the court stated in a previous similar order, reflecting its approach to bail matters. The court found no compelling reason to justify Shehbaaz’s continued detention.
Bail Conditions
Shehbaaz Mehmood Shaikh has been granted bail subject to the following conditions:
- He must execute a Personal Recognizance (P. R.) Bond of ₹40,000/- with one or more sureties in the like amount.
- He is required to attend Sewree Police Station every Monday between 10:00 AM and 2:00 PM for investigation purposes until the charge-sheet is filed.
- He and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
- He must present proof of identity and residence when executing the bail bonds.
- He is prohibited from tampering with prosecution witnesses/evidence and must cooperate in the early disposal of the trial.
- He shall not commit any similar offence while on bail.
- Upon request from his counsel, Shehbaaz will be released on a provisional cash bail of ₹40,000/- for the next four weeks from the date of the order.
The bail application has been disposed of. This order was dictated, transcribed, and signed on October 31, 2023.