Mumbai, Maharashtra – A special court in Mumbai has denied bail to Mohammad Munna Mustaq Shaikh, also known as Malik, in a case involving the seizure of Mephedrone (MD). The NDPS Bail Application No. 1072 of 2023 was rejected on February 17, 2024, by Additional Sessions Judge (C.R.43) K.P. Kshirsagar.
Shaikh was arrested in connection with C.R. No. 91/2023, registered at the Anti-Narcotics Cell (ANC) Bandra Unit, Mumbai. He faces charges under Section 8(c) read with Section 22(c) and Section 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), which deal with the illegal possession, sale, and criminal conspiracy related to psychotropic substances.
Allegations and Arguments Presented
According to the prosecution, on November 2, 2023, based on prior information, 30 grams of Mephedrone (MD) were recovered from Shaikh’s conscious possession. During the investigation, Shaikh reportedly disclosed that he had obtained the contraband from co-accused Alsaud Farooq Shaikh, also known as Malik. Subsequently, Alsaud Farooq Shaikh was apprehended, and 25 grams of Mephedrone (MD) were recovered from his possession. The prosecution argued that the cumulative quantity of contraband recovered constitutes a commercial quantity, thereby invoking the stringent provisions of Section 37 of the NDPS Act. The prosecution also emphasized the existing nexus between the applicant and the co-accused and stated that a “wanted accused” in the case is yet to be arrested, and the investigation is still ongoing.
Learned Advocate Ms. Divya Gupta, representing the applicant, argued that this was the first bail application and no other application was pending or had been rejected by a higher court. She contended that Shaikh was falsely implicated and that there was no positive material on record to connect him with the crime or co-accused Alsaud Farooq Shaikh. She assured the court that Shaikh, a resident of Mumbai, was ready to abide by any terms and conditions imposed for bail.
Court’s Rationale for Denying Bail
Justice K.P. Kshirsagar, after reviewing the application, documents, and arguments, noted the grievous nature of the alleged offenses, which carry a potential punishment of up to 20 years imprisonment and a fine of up to one lakh rupees. The court specifically highlighted that due to the recovery of a cumulative commercial quantity of contraband, the stringent conditions of Section 37 of the NDPS Act apply.
The court reiterated that Section 37(2) of the NDPS Act imposes additional limitations on granting bail, stating that “negation of bail is rule and grant of bail is exception” in such cases. The court observed that there was prima facie “positive material to indicate nexus between applicant/accused and co-accused,” suggesting the applicability of Section 29 of the NDPS Act (criminal conspiracy).
The court further stated that the burden lies upon the accused to demonstrate reasonable grounds to believe they are not guilty. In this instance, the court found that the applicant failed to do so and that, prima facie, there were reasonable grounds to believe Shaikh had committed the alleged offenses.
Given the nature of the offense and the commercial quantity of contraband involved, the court was “not satisfied that the applicant/accused will not commit the similar offence again.” It concluded that the conditions under Section 37 of the NDPS Act were not fulfilled, thus preventing the lifting of the embargo on bail.
The court also noted that the investigation was still incomplete and that granting bail at this stage could potentially hamper the investigation, lead to tampering with prosecution evidence, influence witnesses, or result in the applicant’s involvement in similar offenses. The judge emphasized that a “liberal approach in grant of bail in such kind of offences under NDPS Act is also uncalled.”
Based on these considerations, the court found no justifiable grounds to release the applicant on bail at this stage, deeming it “likely to be prejudicial to the interest of the society at large.”
Order
The court consequently rejected NDPS Bail Application No. 1072 of 2023 of Mohammad Munna Mustaq Shaikh, disposing of the application accordingly.