Mumbai, Maharashtra – Mohmohd Dawood Rashid Shaikh, 23, accused in a case involving the alleged possession of mephedrone (MD), has been granted bail by the Special Judge for Narcotic Drugs and Psychotropic Substances Act (NDPS) Cases, Shri U. M. Mudholkar (C.R. No. 43). The order for Bail Application No. 662 of 2018 was issued on October 20, 2018.

Shaikh was arrested by officers of Byculla Police Station, Mumbai, for offenses punishable under sections 8(c) read with 22(b) of the NDPS Act, 1985, as part of C.R./LAC No. 137/18, dated September 8, 2018.

Prosecution’s Case

The prosecution’s case, presented by Ld. APP Mr. Panjwani, stated that based on reliable information, a raid was conducted. During this raid, the applicant, Mohmohd Dawood Rashid Shaikh, was allegedly found in possession of 12 grams of MD. He was subsequently arrested for violating the provisions of the NDPS Act. After his police custody ceased, he was held in judicial custody.

The prosecution argued that Shaikh had procured the drug for sale purposes, making the offense a serious one against society, and therefore, he did not deserve bail.

Defense Arguments

Ld. Advocate Mr. V. P. Shinde, representing the applicant, argued that Shaikh was falsely implicated in the crime. He specifically contended that the quantity of MD allegedly seized from Shaikh’s possession (12 grams) falls under the category of non-commercial quantity. This is a crucial point, as it means the stringent bar of Section 37 of the NDPS Act, which makes bail difficult for commercial quantities, does not apply in this case.

Mr. Shinde further highlighted that Shaikh is a permanent resident of Mumbai with deep roots in society, implying a low risk of absconding. He assured the court that the applicant was ready to abide by any conditions imposed for bail.

Court’s Observations and Decision

After carefully considering the submissions from both sides and reviewing the case record, Special Judge U. M. Mudholkar observed that the applicant was allegedly found with 12 grams of MD, which is “undoubtedly non-commercial quantity.” This confirmed that the bar under Section 37 of the NDPS Act was indeed not attracted.

The court further noted that Shaikh had been in custody since his arrest on September 8, 2018, and by the time of the bail application hearing, the investigation was likely “almost completed,” with the primary remaining step being the collection of the Chemical Analyzer (CA) Report. The judge concluded that there was “no likelihood of tampering with the evidence or otherwise,” and “nothing is to be recovered or discovered on pointing out of the applicant.”

Acknowledging that the conclusion of the trial would likely take a “sufficiently long time,” the court deemed it “not desirable to keep the applicant behind the bars till then.” The court also found that Shaikh had a fixed place of residence, minimizing the chance of his abscondence, and there were no allegations or records of criminal antecedents against him.

In light of these findings, the court concluded that the application deserved to be allowed, with stringent conditions imposed to secure the prosecution’s interests.

Bail Conditions

The court allowed Bail Application No. 662 of 2018 and ordered the release of Mohmohd Dawood Rashid Shaikh in C.R./LAC No. 137/2018 of Byculla Police Station, on the following terms:

1. He must execute a Personal Recognizance (P.R.) Bond of Rs. 1,00,000/- (Rupees One Lakh only), with one or two sureties in the like amount.
2. He shall produce documentary evidence such as an AADHAR card, PAN card, or ration card before his release.
3. He shall not directly or indirectly dissuade any of the prosecution witnesses from deposing in the Court or tamper with the prosecution evidence in any way.

The bail application was accordingly disposed of.