Mumbai, Maharashtra – A Mumbai man, Ajam Alim Shaikh, aged 52, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985, at Greater Bombay. The order, passed on December 12, 2023, by Special Judge (NDPS) Shri A.V. Kharkar, allows Shaikh’s release on furnishing a solvent surety and a personal recognizance (P.R.) bond of ₹50,000.
Shaikh was arrested by the V.P. Road Police Station in connection with C.R. No. 75 of 2023, facing charges under Section 8(c) read with Section 20(b) of the NDPS Act. The prosecution’s case stated that on October 19, 2023, based on specific information received by PSI Patil, officers laid a trap and apprehended Shaikh. Following a search conducted after apprising him of his rights under Section 50 of the NDPS Act, 1 kg of Ganja was allegedly recovered and seized under a panchanama.
During the bail application proceedings (Bail Application No. 972 of 2023), Advocate Mr. Shailesh Kharat, representing the applicant, argued that the seized quantity of Ganja was a “non-commercial quantity.” This crucial point meant that the stringent bar of Section 37 of the NDPS Act, which typically makes bail more difficult to obtain in cases involving commercial quantities, would not apply. Additionally, the defense highlighted alleged non-compliance with statutory provisions regarding search and seizure by the police.
Ms. Geeta Nayyar, the Assistant Public Prosecutor (APP) representing the State, opposed the bail application, citing that the investigation was still in progress and emphasizing the “gravity of the offence.”
However, after hearing both sides and perusing the prosecution’s submitted documents, Judge A.V. Kharkar sided with the defense on the pivotal issue of quantity. The order explicitly states, “The seized contraband is non commercial quantity. Hence, bar of Section 37 of the NDPS Act would not apply.”
The court further considered that there were “no criminal antecedents” on the part of the applicant. In light of these factors – the non-commercial quantity of contraband and the lack of prior criminal record – the Special Judge concluded that there was “no impediment to release the accused on bail.”
As part of the bail conditions, Ajam Alim Shaikh is required to:
- Provide his residential address, mobile number, and email address.
- Refrain from tampering with evidence or attempting to induce or threaten prosecution witnesses.
- Mark his presence at the V.P. Road Police Station every Monday and Saturday between 11:00 a.m. and 4:00 p.m. until further orders.
- Furnish residential proof and deposit any passport he may possess with the Investigating Officer, with intimation to the court, prior to his release.
- Not commit any offense of a similar nature.
The bail application, filed under NDPS Remand Application No. 1330 of 2023, has now been disposed of. The order was dictated, transcribed, and signed by the Special Judge on December 12, 2023, and subsequently uploaded on December 13, 2023.