Mumbai – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Greater Mumbai, on January 24, 2019, rejected the bail application of Sikandar Rahimbaksh Shaikh, also known as Sikandar Bali, who was arrested with a commercial quantity of Mephedrone (MD). The court cited the stringent provisions of the NDPS Act and the pendency of the crucial Chemical Analyser’s report as key reasons for its decision.
Shaikh was apprehended on October 27, 2018, near the bridge leading towards Bandra Terminal, by the Anti Narcotic Cell (ANC), Bandra Unit. Authorities reported seizing 60 grams of Mephedrone from his possession, estimated to be worth Rs. 1,80,000/-. This quantity falls under the “commercial quantity” category as per the NDPS Act.
Defense Cites Lack of Field Test, Inadmissible Confession
Shaikh’s counsel, Shri V. P. Shinde, argued that his client’s arrest was based solely on an alleged confession made to police, which is inadmissible evidence under Sections 25 and 26 of the Indian Evidence Act. He also pointed out that no drug field test was conducted at the scene, requesting bail or at least interim bail until the Chemical Analyser’s report confirming the substance could be obtained.
Prosecution Highlights Criminal Record and Legal Bar
The prosecution, represented by APP Shri B. G. Rajput, strongly opposed bail. They asserted that Shaikh was a “habitual offender” with a criminal record dating back to 1999, including a prior NDPS case registered at Nirmal Nagar Police Station. They also informed the court that externment orders had been issued against Shaikh in 2014 and 2016, indicating a history of disruptive behavior.
The key contention from the prosecution was that 60 grams of Mephedrone constitutes a commercial quantity, thereby invoking the stringent bail provisions of Section 37 of the NDPS Act. This section imposes a high bar for bail, requiring the court to have “reasonable grounds for believing that he is not guilty” and that he is “not likely to commit any offence while on bail.” The prosecution admitted that a field test kit for Mephedrone was not available and that the Chemical Analyser’s report was still pending, but maintained that investigation was in progress.
Court Cites Strict NDPS Act Provisions
Special Judge M. S. Mungale acknowledged that the Chemical Analyser’s report was still pending and that a field test kit for Mephedrone was not available. However, the court found the decisive factor to be the commercial quantity of the seized Mephedrone, which carries a potential punishment of more than ten years.
The judge observed that “till the charge-sheet and the Chemical Analyser’s report is filed on record,” the court could not form the “reasonable grounds for believing” that Shaikh was not guilty, as mandated by Section 37 of the NDPS Act. Therefore, the court concluded that the contention for granting bail, even interim bail, could not be considered at this stage.
Consequently, Bail Application No. 923 of 2018 was rejected, keeping Shaikh in judicial custody as the investigation and chemical analysis proceeded.