Mumbai: A Special Judge for Narcotic Drugs and Psychotropic Substances Act (NDPS) cases, Shri U.M. Mudholkar (C.R. NO.43), has granted bail to Rashid Shahid Ahmad Shaikh, a 66-year-old man arrested in connection with the seizure of 2 kilograms and 600 grams of ganja. The order, delivered on October 22, 2018, allows Shaikh’s release on a personal recognizance (PR) bond of Rs. 60,000/- with one or two sureties of the like amount.

Shaikh, a resident of Govandi, Mumbai, was arrested by officers of the Deonar Police Station for alleged offenses punishable under Section 8(c) read with 20(b) of the NDPS Act, 1985. He was apprehended on September 19, 2018, after being found loitering suspiciously, leading to a search of his black bag by panch witnesses and the subsequent seizure of the ganja. He has been in judicial custody since his arrest.

Grounds for Bail and Prosecution’s Objections

Mr. S.R. Patil, the learned advocate for the applicant, argued that Shaikh was falsely implicated and that the seized quantity of ganja, 2 Kg 600 gm, falls under the category of “non-commercial quantity,” thus not attracting the stringent bar of Section 37 of the NDPS Act. He also highlighted Shaikh’s advanced age, his suffering from heart disease, and his status as a permanent resident of Mumbai with deep roots in society, assuring the court that he would abide by any conditions imposed. While acknowledging criminal antecedents, Mr. Patil emphasized that Shaikh had no convictions in those cases.

Mr. Panjwani, the learned APP for the State, contested the bail application. He asserted that the contraband was seized strictly following NDPS Act provisions and that Shaikh had several criminal cases pending against him. The prosecution expressed apprehension that if released, Shaikh might re-engage in similar illegal activities.

Court’s Rationale for Granting Bail

Special Judge U.M. Mudholkar carefully considered the arguments and the available records. The court observed that the seized quantity of ganja, 2 Kg 600 gm, while above “small quantity,” technically falls into the “intermediate quantity” category. This critical distinction meant that “the bar under section 37 of the NDPS Act does not get attracted,” significantly easing the burden on the applicant to prove innocence at the bail stage.

The court further noted that:

• Shaikh had been in custody since his arrest on September 19, 2018, and by the time of the bail hearing, the investigation was likely almost complete, with only the Chemical Analyst (CA) Report pending.
• There was no likelihood of tampering with evidence or further recovery/discovery from the applicant.
• The conclusion of the trial would take a “sufficient long time,” making continued detention unwarranted.
• Documentary evidence confirmed that Shaikh was suffering from heart disease, prompting the court to adopt a “liberal approach.”
• Verified copies of his AADHAR Card and other documents demonstrated a fixed place of residence, reducing the chance of him absconding.

While acknowledging Shaikh’s criminal antecedents, the judge concluded that “having regard to the meager quantity of the seized ganja as well as the sickness of the applicant, merely on account of the above noted criminal antecedents, bail application of the present applicant cannot be straight way rejected.” The court determined that stringent conditions could adequately secure the prosecution’s interest.

Bail Conditions

Accordingly, Bail Application No. 724 of 2018 was allowed. Rashid Shahid Ahmad Shaikh is to be released on bail subject to the following stringent conditions:

• He shall execute a Personal Recognizance (PR) Bond of Rs. 60,000/- (Rupees Sixty Thousand only) with one or two sureties of the like amount.
• He shall not directly or indirectly dissuade any of the prosecution witnesses from deposing in the Court or tamper with the prosecution evidence in any way.
• During bail, he shall not indulge in any criminal activity.

The Bail Application stands disposed of. The order was signed by Special Judge U.M. Mudholkar on October 22, 2018, and uploaded on October 24, 2018.