Mumbai Court Grants Bail to Mohammad Sajid Abdul Aziz Shaikh Driver in NDPS Case, Citing Parity

Mumbai, Maharashtra – In a recent ruling, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, granted bail to Mohammad Sajid Abdul Aziz Shaikh, a 31-year-old driver from Santacruz (West). Shaikh was arrested in connection with C.R. No. 1215 of 2022, registered at Santacruz Police Station, for offenses under Section 8(c) read with Section 29(B) of the NDPS Act.

The bail application (No. 964 of 2023) was heard by Special Judge (NDPS) Shri A.V. Kharkar and the order was passed on January 2, 2024.

During the proceedings, Advocate Mr. Khodkar represented the applicant, Mohammad Sajid Abdul Aziz Shaikh, while APP Ms. Geeta Nayyar appeared for the State.

The key point of contention and the basis for the court’s decision was the principle of parity. The court noted that accused no. 1, Salman Surat Ali Shaikh, who was directly found in possession of the contraband, had already been released on bail. Crucially, no contraband was seized directly from Mohammad Sajid Abdul Aziz Shaikh, the present applicant. Given that a chargesheet has been filed in the case, the court determined that the applicant deserved to be released on bail on the grounds of parity with the co-accused.

Consequently, the court allowed Bail Application No. 964 of 2023, granting bail to Mohammad Sajid Abdul Aziz Shaikh. He is required to furnish a solvent surety and a Personal Recognizance (P.R.) bond of Rs. 50,000/- (Rupees Fifty Thousand Only).

The court has imposed several conditions for his release:

  • The applicant and his surety must provide their residential addresses, mobile numbers, and email addresses (if any).
  • Shaikh is explicitly directed not to tamper with evidence or offer inducement or threaten prosecution witnesses.
  • To ensure he does not flee, he is mandated to mark his presence at Santacruz Police Station every Monday and Saturday between 11:00 a.m. and 4:00 p.m. until further orders.
  • Before his release, he must furnish his residential proof and deposit his Passport (if any) with the Investigating Officer, with intimation to the court.
  • Finally, Mohammad Sajid Abdul Aziz Shaikh is strictly prohibited from committing offences of a similar nature.

With these conditions, Bail Application No. 964 of 2023 has been disposed of.