Greater Mumbai, October 7, 2023 – In a significant development in a narcotics case, the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), has granted bail to Abhishek Kishan Shing, a 39-year-old resident of Mira Road, Thane. The order, dated October 4, 2023, and officially signed and uploaded today, concludes Bail Application No. 815 of 2023, which was filed in connection with C.R. No. 1059/2023 registered at Malvani Police Station.

Shing was arrested on August 17, 2023, following an incident that occurred in the early hours of the same day. According to the prosecution’s case, as detailed in the court order, Assistant Police Inspector Udhaav Bhutekar, while on night patrol duty near bit Chowki no.4, was informed by another officer, Asst. PI Salunkhe, about a suspicious individual in an auto-rickshaw heading towards Atharva Road in Malad.

The police team successfully apprehended Shing near an adjacent lane opposite Bit Chowki, Jankalyan Nagar, Malad (W), at approximately 2:30 a.m. Following the summoning of panchas (independent witnesses) and completion of due procedure, a search of Shing’s person allegedly led to the recovery of 40 grams of Methylenedioxymethamphetamine (MD), a banned narcotic substance, found in a black polythene bag in his right side pant pocket. The prosecution claims that upon inquiry, Shing stated his intention to sell the contraband. Subsequently, the 40 grams of MD were seized under a panchanama, and Shing was arrested after the registration of the offence against him.

Shing’s bail application, filed under Section 439 of the Code of Criminal Procedure, 1860, argued for his release on the grounds of false implication and innocence. His legal representative, Advocate Kiran Gogavale, emphasized that the quantity of MD allegedly recovered, 40 grams, falls under the intermediate quantity as defined by the NDPS Act, and therefore, the stringent provisions of Section 37 of the Act, which impose limitations on granting bail, are not applicable in this instance. Advocate Gogavale further cited precedents of the Hon’ble High Court and the Special NDPS Court granting bail in similar circumstances. He also highlighted that Shing is a permanent resident of Mumbai and expressed his client’s willingness to adhere to all conditions imposed by the court if granted bail.

Representing the State, learned Additional Public Prosecutor (APP) Mr. Shankar Erande opposed the bail application. He argued that the apprehension and search were conducted following due procedure and relied on a recent Supreme Court authority, Narcotics Control Bureau V/s. Mohit Aggarwal (Cri. Appeal No.1001-1002 of 2022), to contend that bail could be denied even in cases involving non-commercial quantities of narcotics.

However, Special Judge Bhagwat, after considering the rival submissions and the material presented on record, ruled in favor of granting bail to Abhishek Kishan Shing. The court noted that the 40 grams of MD recovered falls under the non-commercial quantity category, thus not attracting the bar under Section 37 of the NDPS Act. The court also took into account the applicant’s lack of prior criminal record and his status as a permanent resident of Mumbai.

Consequently, the court passed the order for Shing’s release on bail, subject to several stringent conditions. These conditions include:

1. Personal Bond and Surety: Shing must execute a Personal Recognizance (P.R.) Bond of ₹50,000 (Rupees Fifty Thousand only) with one or more sureties of the like amount.
2. Police Station Attendance: Shing is required to attend the Malvani Police Station every Tuesday between 11:00 a.m. and 02:00 p.m. until the charge-sheet is filed.
3. Contact Information: Shing and his sureties must provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives each.
4. Identity and Residence Proof: Shing is obligated to produce proof of his identity and residence at the time of executing the bail bond.
5. Non-Tampering with Evidence: Shing is strictly prohibited from tampering with prosecution witnesses or evidence in any manner and must cooperate in the early disposal of the trial.
6. No Similar Offences: Shing is warned against committing any similar offence while on bail.

The order, dictated on October 4, 2023, transcribed on October 5, 2023, and signed and uploaded today, October 7, 2023, at 1:30 p.m., marks a temporary reprieve for Abhishek Kishan Shing as he awaits further legal proceedings in the case. The investigation into C.R. No. 1059/2023 registered at Malvani Police Station will continue, and the filing of the charge-sheet will be a crucial next step in this NDPS case.