Mumbai, October 16, 2018 – The Special Court for N.D.P.S. Cases at Greater Mumbai has granted bail to Faisal Shafik Shaikh, a 35-year-old painter, who was arrested in connection with the seizure of 68 grams of cocaine. The order was passed by His Honour Special Judge M. S. Mungale (C.R. No. 44) in Bail Application No. 713 of 2018.

Shaikh, residing in Kalyan (West), Dist. Thane, was arrested by the Inspector of Police – Khar Police Station, Mumbai, in C.R. No. 152/2018. The prosecution’s case alleged that on September 30, 2018, based on secret information, a raid was conducted, and 68 grams of cocaine were seized from his possession.

During the hearing, Mr. V. P. Shinde, the learned Advocate for the applicant/accused, presented arguments for bail. Ms. Meera Choudhari, the learned A.P.P., opposed the application on behalf of the respondent/State, filing a reply dated October 15, 2018.

Upon hearing both sides and perusing the panchanama and the F.I.R., the Court observed that the seized quantity of cocaine – 68 grams – is above small quantity but below commercial quantity. This crucial distinction means that the stringent bar of Section 37 of the N.D.P.S. Act, which often makes bail difficult in cases involving commercial quantities, is not applicable to this case.

The applicant had submitted photocopies of his PAN card and Aadhar card as proof of his residential address, which the Investigating Officer confirmed had been verified. Furthermore, the I.O.’s report did not indicate any previous criminal cases against the applicant.

Considering these facts, the Court concluded that Faisal Shafik Shaikh was entitled to bail.

The Court issued the following order:

1. Bail Application No. 713/2018 is allowed.
2. The applicant, Faisal Shafik Shaikh, shall be released on bail upon executing a Personal Recognizance (P.R.) bond of Rs. 25,000/- and a surety of the like amount.
3. The applicant is permitted to submit one or more sureties to fulfill the surety amount.
4. He is granted six weeks to arrange for the sureties. In the interim, he is entitled to be released on provisional cash security of Rs. 25,000/-.
5. Before release, the applicant must submit his address proof and photograph on record.
6. The applicant shall report to the Investigating Officer once a week, every Sunday, between 9:00 a.m. to 11:00 a.m., until the charge-sheet is filed.
7. The applicant shall not tamper with prosecution evidence.

The application stands disposed of accordingly. The order was dictated on October 16, 2018, and signed on October 19, 2018. The certified copy was uploaded on October 20, 2018.