Mumbai, Maharashtra – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, has granted bail to Mohsin Maiddun Shaikh alias Chinku, a 25-year-old resident of Dahisar (E), Mumbai. Shaikh was arrested on September 7, 2018, by officers of MHB Colony Police Station for alleged offenses punishable under Section 8(c) read with 20(B) of the NDPS Act.
Special Judge (NDPS) Shri U. M. Mudholkar issued the oral order on October 20, 2018, in Bail Application No. 629 of 2018.
The Case and Arguments
According to the prosecution, on September 7, 2018, a team from MHB Colony Police Station, while on patrolling duty, observed Shaikh loitering suspiciously. After calling two panch witnesses, a bag in his possession was checked and found to contain 2 kilograms and 50 grams of ganja. Shaikh was subsequently arrested and has been in judicial custody since the cessation of his police custody.
Mr. Liman, the learned advocate for the applicant, argued that Shaikh was falsely implicated. He emphasized that the quantity of ganja seized (2 kg 50 gm) falls under the category of a non-commercial quantity, which means the stringent bar of Section 37 of the NDPS Act does not apply. He also stated that Shaikh is a permanent resident of Mumbai and is ready to abide by any conditions imposed by the court for his release. The defense also mentioned that Shaikh had been previously arrested in a narcotic case but was out on bail in that matter.
Despite being served twice, the respondent (prosecution) initially failed to file a formal reply. However, Mr. Panjwani, the learned Additional Public Prosecutor (APP), contested the bail application orally during the hearing, arguing that the quantity of ganja involved was “intermediate” and therefore the bail application should be rejected.
Court’s Observations and Decision
Special Judge Mudholkar carefully considered the submissions from both sides and the available record. The court explicitly noted that the quantity of ganja seized, 2 kg 50 gm, is “undoubtedly non-commercial quantity.” This finding was crucial, as it meant that the restrictive provisions of Section 37 of the NDPS Act, which impose strict conditions for bail in cases involving commercial quantities, were not applicable to this case.
The court further observed that Shaikh had been in custody since September 7, 2018, and that by this time, the investigation would likely be largely complete, with only the Chemical Analyst (CA) Report pending. The court stated 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.”
The court also noted that the conclusion of the trial would likely take a considerable amount of time, making it undesirable to keep the applicant incarcerated until then. Regarding the applicant’s criminal antecedents, which were mentioned by the defense without specific details, the court remarked that since neither the applicant nor the respondent disclosed the nature of these antecedents, this aspect lost its importance in the current consideration.
Given Shaikh’s fixed place of residence, as reflected in the remand application, the court found there was a minimal chance of him absconding.
Bail Granted with Conditions
Based on the foregoing discussion, the court concluded that the bail application deserved to be allowed, and the prosecution’s interests could be secured by imposing stringent conditions.
The court ordered:
- Bail Bond: Mohsin Maiddun Shaikh alias Chinku shall be released on bail upon executing a Personal Recognizance (P.R.) Bond of Rs. 60,000/- (Rupees Sixty Thousand only), with one or two sureties in the like amount.
- No Tampering: The applicant/accused shall not directly or indirectly dissuade any prosecution witnesses from deposing in the Court or tamper with the prosecution evidence in any way.
The Bail Application No. 629 of 2018 was accordingly disposed of.