Mumbai, Maharashtra – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Mumbai has granted bail to Mohammed Abdul Rashid Noor Jamal Shaikh, who was arrested in connection with a cocaine seizure. The order was issued by Special Judge M. S. Mungale on November 2, 2018.

Shaikh was apprehended by officers from Dongri Police Station in L.A.C. No. 48/2018 for offenses under the NDPS Act.

Details of the Case

According to the prosecution, on October 17, 2018, police officers on patrol near Sitaram Shenoy Garden, Navroji Hill Road No. 5, Dongri, Mumbai, observed Mohammed Abdul Rashid Noor Jamal Shaikh behaving suspiciously. Upon apprehending him and conducting a personal search following due procedure, they allegedly found 14 grams of cocaine in his possession. The estimated street value of the seized contraband was stated to be Rs. 28,000/-.

The Investigating Officer (I.O.) had opposed the bail application, citing concerns that Shaikh might commit similar offenses or abscond if released.

Court’s Rationale for Granting Bail

Ms. Munira Palanpurwala, the learned Advocate representing the applicant, argued for his release on bail. Mr. B. G. Rajput, the learned Additional Public Prosecutor (A.P.P.), represented the State.

Special Judge M. S. Mungale, after hearing both sides and reviewing the police papers, noted a crucial point regarding the quantity of the seized drug. The court determined that the 14 grams of cocaine seized from Shaikh was “above small quantity, but, below commercial quantity i.e. non commercial quantity.”

This distinction is significant under the NDPS Act. For offenses involving “non-commercial” or “intermediate” quantities of drugs, the stringent conditions for bail stipulated under Section 37 of the NDPS Act do not apply. Section 37 imposes a higher threshold for bail in cases involving commercial quantities, requiring the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offense while on bail. Since the seized quantity was non-commercial, this bar was not applicable.

The court also considered that Mohammed Abdul Rashid Noor Jamal Shaikh is a permanent resident of Dharavi, Mumbai. The judge concluded that imposing certain conditions would ensure his presence for interrogation when necessary and prevent him from absconding.

Bail Conditions

Consequently, the court allowed Bail Application No. 778/2018 and ordered the release of Mohammed Abdul Rashid Noor Jamal Shaikh on bail, subject to the following conditions:

• He must execute a Personal Recognizance (P.R.) bond of Rs. 25,000/- and provide a surety of the like amount.
• He is allowed to submit one or more sureties to meet the required amount.
• A period of six weeks has been granted to submit the sureties. In the interim, he is to be released on provisional cash security of Rs. 25,000/-.
• He must report to the Dongri Police Station every Friday between 9:00 AM and 11:00 AM until the charge-sheet is filed.
• He shall maintain a diary for reporting his presence and produce it before the court on each adjourned date.
• His bail bonds will be cancelled if he commits two consecutive defaults in reporting to the police station.
• Before his release, he must submit his residential address proof and a photograph on record.
• He is strictly prohibited from tampering with prosecution evidence.

The application stands disposed of accordingly.