Greater Bombay, September 11, 2023 – In a recent order issued by the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, Additional Sessions Judge Shri K.P. Kshirsagar granted bail to Mehboobali @ Pappu Azagarali Shaikh (55), a resident of Bandra (East), who was arrested in connection with the possession of 10 grams of Mephedrone (MD). Shaikh was booked under section 8(c) read with section 22(b) of the NDPS Act by the Ghatkopar police station in C.C.T.N.S 691/2023 (Spl. LAC/C.R. No.284/2023).

The bail application, NDPS BA No. 726 of 2023, was presented and registered on August 22, 2023, and the decision was pronounced on September 5, 2023, after a duration of 14 days.

According to the prosecution’s case, on August 13, 2023, 10 grams of Mephedrone were allegedly recovered from the possession of the applicant, leading to his arrest and the registration of the aforementioned offence.

The applicant’s counsel, Mr. Kiran Gogavale, argued that this was the first bail application filed by his client and that no other similar application was pending in any higher court. He emphasized that the quantity of Mephedrone recovered, 10 grams, falls under the “intermediate quantity” as defined under the NDPS Act. This is a significant point because Section 37 of the NDPS Act, which imposes stringent conditions for granting bail, is not applicable to cases involving intermediate quantities. Mr. Gogavale further submitted that Shaikh is a permanent resident of Mumbai, has no prior criminal record, and suffers from diabetes. He assured the court that his client was ready to abide by all conditions imposed and would cooperate with the trial.

The learned APP, Mr. P.J. Tarange, representing the prosecution, opposed the bail application, arguing that the alleged offence was serious and that the investigation had revealed the applicant as the supplier of the contraband. The prosecution contended that releasing Shaikh on bail could hamper the ongoing investigation and that he might continue to commit similar offences. The APP also stated that the investigation was not yet complete.

However, Additional Sessions Judge Shri K.P. Kshirsagar, after considering the arguments and the material on record, noted that the quantity of Mephedrone recovered was indeed an intermediate quantity, thus exempting the case from the strictures of Section 37 of the NDPS Act. The court also observed that Shaikh had been in custody since August 13, 2023, and that nothing further appeared to be recoverable from him. The court further noted the absence of any prior criminal record against the applicant and found no justifiable grounds in the prosecution’s reply to warrant his further detention.

The court reiterated the fundamental principle of personal liberty and the presumption of innocence until proven guilty. It emphasized that the primary objective of bail is to secure the accused’s attendance at trial, not to punish or prevent potential future offences. The court prima facie observed that Shaikh had cooperated during the investigation and had undertaken to continue doing so during the trial. Considering these factors, the court was of the opinion that the applicant’s presence could be secured even if released on bail, and the prosecution’s interests could be safeguarded by imposing appropriate conditions.

Consequently, the court found no necessity for the further detention of the accused to facilitate a fair investigation and deemed the present application deserving of being allowed.

ORDER

1. NDPS Bail Application No.726/2023 in NDPS RA No.1030/2023 is allowed.
2. Applicant/accused Mehboobali @ Pappu Azagarali Shaikh shall be released on bail in Spl. LAC/C.R. No.284/2023 (C.C.T.N.S 691/2023) registered by Ghatkopar police station for the offence under section 8(c) r/w section 22(b) of the NDPS Act, 1985, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand only) with one surety of the like amount, subject to the following conditions: (a) The applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation as and when required. (b) The applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner. (c) The applicant/accused shall cooperate in the early disposal of the trial. (d) The applicant/accused shall not commit any criminal offence while on bail. (e) The applicant/accused and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.
3. NDPS Bail Application No.726/2023 is disposed of accordingly.

The order was pronounced in open court on September 5, 2023, dictated on the same day, transcribed on September 6, 2023, checked on September 8, 2023, signed on September 8, 2023, and uploaded on September 11, 2023. This decision emphasizes the significance of the quantity of the narcotic substance in determining the applicability of stringent bail conditions under the NDPS Act and provides relief to the accused based on the intermediate nature of the seized Mephedrone.