Mumbai, Maharashtra – November 2, 2023 – In a significant development, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by Special Judge Shri A.V. Kharkar (C.R. No. 42), granted bail to Asif Abdul Shaikh, an accused arrested by the Versova Police in connection with the possession of Mephedrone (MD). Shaikh was apprehended under C.R. No. 362 of 2023, facing charges under Section 8(c) read with Section 22(b) of the NDPS Act.

The prosecution’s case stated that on July 10, 2023, a patrolling police party in Versova spotted Asif Abdul Shaikh, who allegedly attempted to flee upon seeing them. He was subsequently stopped and searched in the presence of panch witnesses, during which 5 grams of Mephedrone was reportedly recovered from his possession, leading to his prosecution under the NDPS Act.

Advocate Ms. Anjali Mishra, representing the applicant, argued for bail primarily on the grounds that the seized quantity of 5 grams of MD is classified as a non-commercial quantity under the NDPS Act. This classification is crucial as it implies that the stringent restrictions on granting bail under Section 37 of the Act would not be applicable. Ms. Mishra further raised concerns about potential non-compliance with statutory provisions related to search and seizure during the arrest.

The Additional Public Prosecutor (APP) Ms. Geeta Nayyar, representing the State, opposed the bail application, citing the ongoing investigation and the gravity of the offence.

However, Special Judge Shri Kharkar, after hearing both sides and perusing the prosecution’s response, sided with the applicant. The court explicitly noted that the seized contraband was indeed a non-commercial quantity, thereby removing the impediment of Section 37 of the NDPS Act. Furthermore, the court considered the relatively small quantity of the seized drug and the absence of any prior criminal record against Asif Abdul Shaikh as significant factors in its decision.

Consequently, the court passed an order allowing Bail Application No. 760 of 2023, setting forth several conditions for Asif Abdul Shaikh’s release. He is required to furnish a solvent surety and a personal recognizance (P.R.) bond of ₹50,000/- (Rupees Fifty Thousand Only).

In addition to the financial obligations, the court imposed the following conditions to ensure Shaikh’s cooperation with the investigation and prevent any potential obstruction of justice:

• Both the applicant and his surety must provide their respective residential addresses, mobile numbers, and email addresses to the court.
• The applicant is strictly prohibited from tampering with any evidence or attempting to induce or threaten prosecution witnesses.
• To prevent him from absconding, Asif Abdul Shaikh is mandated to mark his presence at the Versova Police Station every Monday and Thursday between 11:00 a.m. and 4:00 p.m. until further orders from the court.
• Prior to his release, Shaikh must submit his residential proof to the Investigating Officer and deposit his passport, if he possesses one, with the Investigating Officer, with intimation to the court.
• The applicant is explicitly directed not to commit any offence of a similar nature in the future.

The court concluded by stating that Bail Application No. 760 of 2023 in NDPS Remand Application No. 950 of 2023 was disposed of with this order, dated November 2, 2023. The order was dictated on the same day and the High Court Judge signed it on November 3, 2023, with the certified true copy being uploaded on the court’s website later that day.

This judgment highlights the distinction made under the NDPS Act between commercial and non-commercial quantities of drugs when considering bail applications. The court’s decision to grant bail in this case underscores the importance of this distinction and the consideration of the accused’s background and the specific circumstances of the seizure. The imposed conditions aim to balance the liberty of the individual with the need to ensure the integrity of the ongoing investigation and prevent any further unlawful activities.