Mumbai, May 2, 2025 (Friday, 10:26 PM IST, Thane, Maharashtra): The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), has rejected the bail application of Shehbaj Abdul Maruf Khan, accused number 5 in Spl. LAC/C.R. No.667/2023, registered at Shivaji Nagar Police Station. The order, dated September 8, 2023, was issued in NDPS Bail Application No.718 of 2023, filed in connection with NDPS Remand Application No. 1016 of 2023.

Shehbaj Abdul Maruf Khan, a 31-year-old resident of Sewree, Mumbai, was arrested and charged with offences punishable under section 8(c) r/w section 22(c) and section 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act).

In his bail application, Shehbaj Khan, represented by Ld. Adv. Mr. S.K. Zende, argued that he had been in custody since his arrest on August 2, 2023. The defense stated that while 55 grams of Mephedrone (MD) were recovered from co-accused No.1 Aslam Jalil Khan, and 15 grams of Mephedrone (MD) were recovered from co-accused No.2 Jahangir Abdul Rehman Shaikh, nothing was recovered directly from the applicant. The defense highlighted that co-accused No.2, Jahangir Shaikh, stated during the investigation that he purchased the contraband from accused Abdul Sufiyan @ Rahim @ Mama. Subsequently, Abdul Sufiyan stated that he purchased the Mephedrone (MD) from a Nigerian person and the present applicant. The defense emphasized that Shehbaj Khan had no prior criminal record and that there was no positive evidence linking him to the other co-accused. Mr. Zende assured the court that his client was a permanent resident of Mumbai and willing to abide by any conditions imposed by the court.

Ld. APP Mr. P.J. Tarange, representing the prosecution, countered that 55 grams of Mephedrone (MD) were recovered from co-accused No.1 Aslam Jalil Khan and 15 grams of Mephedrone (MD) from co-accused No.2 Jahangir Abdul Rehman Shaikh. He stated that co-accused Jahangir Shaikh disclosed that he procured the Mephedrone (MD) from accused Abdul Sufiyan Abdul Kalak Chaudhary @ Rahim @ Mama, who, in turn, stated that he purchased the Mephedrone (MD) from the applicant and a Nigerian person. The prosecution also cited the exchange of WhatsApp messages between them. The APP argued that the cumulative quantity of the contraband recovered in the present crime was commercial, thus attracting the stringent provisions of Section 37 of the NDPS Act. The prosecution asserted that there was positive material on record indicating a nexus between the applicant and the co-accused, labeling the applicant as a drug peddler. The APP contended that the applicant had not demonstrated any reason to believe he was not guilty of the offence and that Section 29 of the NDPS Act was applicable in the matter. The prosecution argued that releasing the applicant could hamper the ongoing investigation and that he might re-commit similar offences.

After considering the arguments and the material on record, Additional Sessions Judge K.P. Kshirsagar rejected Shehbaj Khan’s bail application. The court noted that the applicant was alleged to have committed offences punishable under the NDPS Act, and the cumulative quantity of contraband recovered from the applicant and co-accused was commercial, thus attracting the rigors of Section 37 of the NDPS Act. The court found prima facie evidence suggesting that the applicant was a drug peddler involved in the sale of contraband and that there was positive material indicating a nexus between the applicant and the co-accused.

The court stated that the applicant had not presented any material to suggest that there were grounds to believe he was not guilty of the offence. Therefore, the embargo imposed by Section 37 of the NDPS Act was not lifted.

The court also highlighted that the investigation was still ongoing and found no reason to doubt the genuineness of the prosecution’s case or any inherent improbabilities. Considering the nature of the offence, the court opined that there was a possibility of the applicant tampering with witnesses or becoming involved in similar offences if released on bail. The court concluded that releasing the applicant at this stage would prejudice the ongoing investigation and that further detention was necessary.

The court noted that the accusations and the prima facie appreciation of the material suggested that the applicant had played an active role in the crime. The court deemed the offence to be heinous and noted that the investigation suggested the applicant’s involvement in drug peddling and a nexus with the co-accused. The court found that the applicant had failed to demonstrate his non-involvement in the crime.

The court concluded that releasing the applicant at this stage would be prejudicial to the interest of society and that a liberal approach to bail in such NDPS offences was uncalled for.

Therefore, the court ordered the rejection of NDPS Bail Application No.718/2023. The order was pronounced in open court on September 8, 2023, and subsequently signed and uploaded on September 11 and 13, 2023, respectively.

This denial of bail underscores the strict approach taken by the special court in cases involving drug trafficking, particularly when commercial quantities of drugs are involved and there is prima facie evidence of the accused’s involvement and potential conspiracy. The applicant will remain in judicial custody pending further proceedings.