Mumbai, Maharashtra – October 20, 2023 – The Special Court for N.D.P.S. Cases at Greater Mumbai, presided over by Special Judge Shri R. R. Bhagwat (C.R. 44), granted bail to Shadab Shaheed Shaikh, a 26-year-old rickshaw driver arrested by the Meghwadi Police Station. Shaikh was apprehended on September 13, 2023, under C.R. No. 320/2023, for alleged possession of 15 grams of Mephedrone (MD), an offence punishable under sections 8(c) read with 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

According to the prosecution, on September 13, 2023, around 2:50 PM, police personnel from Meghwadi Police Station were on patrol near Kenorita Mall, Gandhinagar, Jogeshwari (W). They observed Shaikh allegedly moving suspiciously while holding a black plastic bag. Upon interception and inquiry, he reportedly stated he possessed a narcotic drug, MD. Following the summoning of panch witnesses and completion of necessary procedures, a search was conducted, leading to the alleged recovery of 15 grams of MD from the black plastic bag in his hand. The contraband was seized under a panchanama, and Shaikh was arrested.

Seeking bail under Section 439 of the Code of Criminal Procedure, 1860, Shaikh, represented by Advocate Mr. Himanshu Shinde, claimed false implication based on alleged bogus information and denied committing any offence. Mr. Shinde argued that the entire raid was illegal due to clear violations of mandatory legal provisions of the NDPS Act. He further contended that the allegedly recovered 15 grams of MD was a non-commercial quantity, thus not attracting the stringent bar under Section 37 of the NDPS Act. It was also submitted that the investigation was complete, Shaikh had no criminal antecedents, and as the sole breadwinner of his family, his continued custody would cause significant hardship. Shaikh expressed his willingness to abide by all conditions imposed by the court.

APP Mr. Shankar Erande, representing the State, opposed the bail application, stating that Shaikh was found in possession of 15 grams of MD during patrolling. He clarified that the recovery was made from a black plastic bag held by the accused, implying that Section 50 of the NDPS Act, which mandates specific procedures for personal searches, was not applicable. The APP asserted that all provisions under the NDPS Act had been followed and, despite the non-commercial quantity, the offence was serious.

Upon reviewing the case records, Special Judge Shri Bhagwat noted that an intermediate quantity of contraband (15 grams of MD falls within the intermediate range) was recovered from the applicant. Consequently, the bar under Section 37 of the NDPS Act was not attracted. The court also acknowledged the prosecution’s stance that Section 50 of the NDPS Act was not applicable as the recovery was made from a bag held by the accused, not a personal search. Furthermore, the court considered that Shaikh had no criminal antecedents and was a resident of Mumbai, ensuring his availability for investigation and trial. The court believed that stringent conditions could be imposed to serve the purpose of the remaining investigation.

Based on these considerations, Special Judge Shri Bhagwat allowed Bail Application No. 838/2023, granting bail to Shadab Shaheed Shaikh upon executing a P. R. Bond of ₹40,000/- (Rupees Forty Thousand only) with one or two sureties of a like amount, subject to the following conditions:

1. Shaikh shall attend the Meghwadi Police Station every Monday between 11:00 a.m. and 2:00 p.m. until the filing of the charge sheet.
2. Shaikh and his sureties shall provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
3. Shaikh shall produce proof of his identity and residence at the time of executing the bail bond.
4. Shaikh shall not tamper with prosecution witnesses or evidence in any manner and shall cooperate in the early disposal of the trial.
5. Shaikh shall not commit any similar offence while on bail.
6. Upon the request of the defense counsel, Shaikh was granted provisional cash bail of ₹40,000/- for the next four weeks from the date of the order.

The court disposed of the bail application accordingly on October 20, 2023. The order was dictated and transcribed on the same day and signed and uploaded on the court’s website on October 23, 2023.

This judgment highlights the court’s consideration of the quantity of the seized substance and the procedural aspects of the recovery under the NDPS Act when deciding on bail. The granting of bail, despite the charges, underscores the importance of the intermediate quantity classification and the court’s assessment of the likelihood of the accused absconding or tampering with evidence, especially in the absence of a prior criminal record. The imposed conditions aim to ensure the accused’s cooperation with the ongoing legal process.