Mumbai, October 11, 2018 – The Special Judge for N.D.P.S. Cases at Greater Mumbai today granted bail to Anis Noormohammad Shaikh alias Anil, 43, who was arrested on September 28, 2018, in connection with an alleged Ganja seizure. Shaikh, identified as Accused No. 3 in NDPS C.R. No. 43 of 2018, was released on bail after the court determined that the quantity of Ganja recovered from him was “above small quantity, but, below commercial quantity,” thereby not attracting the stringent provisions of Section 37 of the N.D.P.S. Act.

Shaikh was among four individuals arrested by the ANC (Anti-Narcotics Cell), Ghatkopar Unit, following a raid. As per the F.I.R. and remand report, 1 kg 500 grams of Ganja were seized from Accused No. 1, 1 kg 200 grams from Accused No. 2, 1 kg 200 grams from Anis Noormohammad Shaikh (Accused No. 3), and 1 kg 100 grams from Accused No. 4.

Representing Shaikh, Advocate Mr. Gorakh Liman argued that the seized quantity from his client was a non-commercial amount, thus removing the bar for bail under Section 37 of the NDPS Act. He also highlighted that Shaikh is a permanent resident of Mumbai.

The Investigating Officer, through a reply dated October 10, 2018, opposed the bail application. The I.O. claimed that Shaikh and his co-accused were “habitual offenders” and that the ANC had received multiple phone complaints alleging their involvement in illegally selling Ganja and other contraband substances to students of Jhunjhunwala College and Indradev Singh International School, Hindi High School in Ghatkopar (West). The I.O. expressed concerns that if released on bail, Shaikh would continue his unlawful activities.

After hearing both sides, Special Judge M. S. Mungale (C.R. No. 44) acknowledged the prosecution’s contention regarding the alleged complaints. However, the court noted that the I.O. did not specify the names of any complainants or produce copies of any registered complaints to substantiate these claims.

While allowing the bail application, the court imposed several stringent conditions to address the concerns raised by the prosecution. Anis Noormohammad Shaikh alias Anil has been ordered to be released on a personal recognizance (P.R.) bond of Rs. 30,000/- and a surety of the like amount.

Key conditions for his bail include:

• Submitting his address proof and photograph on record before release.
• Not entering within a ½ kilometer area of Jhunjhunwala College and Indradev Singh International School, Hindi High School situated in Ghatkopar (West), Mumbai, without prior permission of the court, until further orders. This condition directly addresses the I.O.’s concerns about alleged sales to students.
• Not tampering with the prosecution evidence.
• Reporting to the ANC, Ghatkopar Unit, every Sunday between 9:00 a.m. to 11:00 a.m. until the charge-sheet is filed.
• After the charge-sheet is filed, reporting to the ANC, Ghatkopar Unit, on the last Sunday of each month between 9:00 a.m. to 11:00 a.m. until the disposal of the case.
• A crucial condition warns that if Shaikh makes two consecutive defaults in reporting to the ANC, Ghatkopar Unit, his bail bonds will be cancelled.

The court’s decision balances the applicant’s right to liberty, given the non-commercial quantity of contraband, with the need to prevent further alleged criminal activity and ensure cooperation with the ongoing investigation. The bail application stands disposed of accordingly.