Mumbai, December 15, 2018 – The Special Judge for N.D.P.S. Cases at Greater Bombay has granted bail to Haider Ali Ajmat Ali Shaikh, who was arrested in connection with the alleged possession of Ganja. The court’s decision hinged on the quantity of Ganja seized from Shaikh being a “non-commercial quantity,” thereby not invoking the stringent provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Shaikh was apprehended by Tilak Nagar police on November 22, 2018, under Section 8(c) read with Section 20 of the NDPS Act. He was produced before a Magistrate on the same day and has been in judicial custody since November 28, 2018.

During the bail hearing (NDPS Bail Application No. 872 of 2018), Ms. Munira, the learned advocate for Shaikh, argued that 5 kilograms and 400 grams of Ganja were recovered from her client. She emphasized that this quantity falls under the non-commercial category, thus allowing the court discretion to grant bail. Ms. Munira also stated that Shaikh is a permanent resident of the address provided in his application (Balrampur, Uttar Pradesh, as per his Aadhaar card photocopy submitted as proof), making him unlikely to abscond. She further highlighted that he has no prior criminal antecedents and is willing to abide by any conditions imposed by the court.

The prosecution, represented by Ld. APP Mr. P.S. Tawade, opposed the bail application. He informed the court that Shaikh was arrested red-handed during a police raid. Mr. Tawade also pointed out that co-accused Mushraf Khan was arrested alongside Shaikh, with 5 kilograms and 500 grams of Ganja recovered from his possession. This brought the total quantity of Ganja seized to 10 kilograms and 900 grams, which, while not a commercial quantity, was still deemed “substantial.” The APP noted that the estimated value of the seized contraband was Rs. 1,74,400/- and that the investigation was ongoing, with the Chemical Analyzer (C.A.) report still awaited. He argued that considering the seriousness of the offense and the prima facie evidence, bail should be rejected.

After reviewing the submissions and evidence, Special Judge V.V. Vidwans (CR No. 42) acknowledged that since the seized quantity of Ganja was not a commercial quantity, the court indeed had the discretion to grant bail, as the strict conditions of Section 37 of the NDPS Act were not applicable.

Consequently, Haider Ali Ajmat Ali Shaikh was granted bail upon executing a Personal Recognizance (P.R.) Bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or two sureties, one of whom must be a local surety.

The bail has been granted subject to the following conditions:

• Shaikh must attend Tilak Nagar police station once a fortnight, on the 1st and 3rd Saturday of each month, between 11:00 AM and 2:00 PM, until the chargesheet is filed. If the Investigating Officer is absent, he must report to the Police Station Officer Incharge.
• He shall not tamper with prosecution witnesses or evidence in any manner and must cooperate with the investigation.
• He must furnish his mobile/landline number and the numbers of two nearest relatives or friends, preferably residing in Mumbai.
• He must provide proof of his identity and residence in Mumbai at the time of executing the bail bond.
• He shall not commit similar offenses while on bail.

The court explicitly stated that any breach of these conditions would lead to the cancellation of bail. The bail application stands disposed of accordingly.