Mumbai, December 14, 2023 – Mohammad Chand Meddin Shaikh, a 38-year-old costume designer, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay. His Honour Judge A.V. Kharkar (Court Room No. 42) allowed Shaikh’s bail application, noting that the seized quantity of contraband was non-commercial and that he had no prior criminal record.
Shaikh, a resident of Jogeshwari (West), Mumbai, was arrested by officers of Versova Police Station in C.R. No. 503 of 2023. He faces charges under Section 8(c) read with Section 22(b) of the NDPS Act, 1985. Section 8(c) prohibits the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-state, export inter-state of any narcotic drug or psychotropic substance. Section 22(b) pertains to punishment for contravention in relation to psychotropic substances involving quantities less than commercial but greater than small quantity.
Prosecution’s Case
According to the prosecution, on October 4, 2023, during routine patrolling, a police party observed Shaikh standing on the road, appearing suspicious and waiting for someone. He was detained, and panch witnesses were arranged. During a personal search conducted in the presence of two panch witnesses, 5 grams of Mephedrone (MD) were allegedly found in his possession, leading to his prosecution under the NDPS Act.
Defense Arguments and Court’s Reasoning
Mr. Parab, the learned advocate for Mohammad Chand Meddin Shaikh, submitted that the seized quantity of MD (5 grams) was a non-commercial quantity, which means the stringent bar of Section 37 of the NDPS Act would not apply. Section 37 of the NDPS Act typically makes bail very difficult in cases involving commercial quantities, requiring the court to be satisfied that there are reasonable grounds for believing the accused is not guilty. Mr. Parab also raised concerns about non-compliance with statutory provisions regarding search and seizure, seeking bail for his client.
Mr. Wajid Shaikh, the learned APP for the State, opposed the application, stating that the investigation was still in progress and requesting the court to reject bail considering the gravity of the offense.
After hearing both sides and perusing the prosecution’s reply, Judge A.V. Kharkar concurred with the defense regarding the quantity. The court explicitly stated, “The seized contraband is non commercial quantity. Hence, bar of Section 37 of the NDPS Act would not apply.” The judge further noted that there were “no criminal antecedents” against the applicant.
Based on these two crucial factors – the non-commercial quantity of contraband and the absence of prior criminal record – the court found no impediment to releasing the accused on bail.
Bail Conditions
The court allowed Bail Application No. 990 of 2023, ordering Mohammad Chand Meddin Shaikh’s release on bail, subject to the following conditions:
- Surety and Bond: He must furnish a solvent surety and a Personal Recognizance (P.R.) bond of Rs. 40,000/- (Rupees Forty Thousand Only).
- Contact Information: He and his surety must provide their respective residential addresses, mobile numbers, and email addresses (if any).
- No Tampering: He shall not tamper with evidence or offer inducement or threaten prosecution witnesses.
- Reporting to Police Station: To ensure he does not flee, he is required to mark his presence with Versova Police Station every Tuesday and Thursday between 11:00 a.m. and 4:00 p.m., until further order.
- Residential Proof & Passport: Prior to his release, he must furnish his residential proof and deposit his Passport (if any) with the Investigating Officer, with intimation to the court.
- No Similar Offence: He shall not commit any offense of a similar nature while on bail.
The bail application stands disposed of. This decision underscores the significance of the quantity of seized contraband and an accused’s criminal history in NDPS cases, particularly when determining the applicability of stringent bail provisions.