GREATER MUMBAI – Aadil Irshad Shaikh, a 27-year-old Mumbai resident, has been granted bail in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The order, issued on February 26, 2024, by the Special Judge for NDPS Cases at Greater Mumbai, allows Shaikh’s release upon executing a personal bond of ₹60,000 and providing surety of a like amount.

Shaikh was arrested in connection with Crime No. 98 of 2024, registered at the Dindoshi Police Station. He is accused of offenses under Sections 8(c) read with 22(b) of the NDPS Act, which pertain to the possession of Narcotic Drugs and Psychotropic Substances. According to the prosecution’s case, Shaikh was apprehended on February 3, 2024, while police were patrolling in the BMC colony area of Goregaon (East). He was allegedly found in possession of 10 grams of MD (Mephedrone), a quantity considered non-commercial under the NDPS Act.

In his bail application, Shaikh claimed innocence, asserting that he had been falsely implicated. He emphasized his permanent residency in Mumbai, strong community ties, and argued that the recovered 10 grams of MD was a non-commercial quantity. His legal representative, Mr. Yash Vora, further contended that there were procedural violations during the arrest and search, citing alleged breaches of Sections 42 and 50 of the NDPS Act, which relate to protocols for search and seizure under the legislation.

The prosecution, represented by APP Mr. Shankar Erande, strongly opposed the bail plea. The Investigating Officer’s reply highlighted that Shaikh was found behaving suspiciously near a public toilet and, following a search, the contraband was discovered in his jeans pocket. Crucially, the prosecution pointed to Shaikh’s criminal history, stating he had five prior offenses registered against him. They argued that releasing Shaikh on bail posed a risk of him tampering with evidence and potentially absconding.

However, Special Judge B. Y. Phad, presiding over the case, ruled in favor of granting bail. The court’s order acknowledged the prosecution’s concerns regarding Shaikh’s criminal antecedents, noting that five crimes were indeed registered against him, with two of them under the NDPS Act. Despite this, the Judge emphasized that the quantity of contraband involved was non-commercial. The order stated, “In my opinion, this is not sufficient grounds to deny bail to the applicant. The offense does not involve a commercial quantity of contraband and the applicant has strong roots in society, it would not be justifiable to deny bail solely based on the number of crimes registered against the applicant, especially when only two of them relate to offenses under the NDPS Act.”

While granting bail, the court imposed stringent conditions on Aadil Shaikh. These include:

• Regular Reporting: Shaikh must report to the Dindoshi Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the final police report is filed.
• Jurisdiction Restriction: He is prohibited from leaving the jurisdiction of Mumbai without explicit permission from the Investigating Officer or the Court.
• No Contact with Witnesses: Shaikh is barred from contacting co-accused individuals, witnesses, or anyone associated with the case and must not tamper with evidence.
• Residence and Contact Details: He must maintain his current Goregaon residence, inform the court and Investigating Officer of any address change, and provide and update his active mobile numbers.
• Cooperation with Investigation: Shaikh is required to fully cooperate with the ongoing investigation and comply with law enforcement.
• Passport Surrender: He must surrender his passport to the Investigating Officer within a week, or submit an affidavit stating he does not possess one.
• Prohibition from Similar Activities: Shaikh is prohibited from engaging in any activities related to the offense he is charged with.
• Compliance with Directives: He must comply with all reasonable directions from law enforcement.
• Family Details: As per procedural guidelines, Shaikh must furnish a list of three blood relatives with their addresses and employment details before release.

The court order explicitly warns that failure to comply with any of these conditions will result in the immediate revocation of bail and potential further legal repercussions.

The bail order, signed and certified by Special Judge B. Y. Phad, was uploaded on March 1, 2024, marking a significant development in the NDPS case against Aadil Irshad Shaikh. The case will now proceed with Shaikh on bail, subject to the court’s directives.

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