HC grants bail to accused in drugs case filed after Sushant Singh Rajput death

The HC noted the applicant is in custody for nearly three years and there was no possibility of trial concluding anytime soon and none of the criminal antecedents against him were under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, and hence he deserved to be released on bail.

A single-judge bench of Justice M S Karnik on October 4 passed an order in bail plea by Shaikh from whom 5 kg of charas, one gram of opium and 0.3 grams of ecstasy was allegedly recovered. He was arrested on December 9, 2020.

The NCB’s lawyer opposed the bail plea claiming that the applicant was a drug dealer and recovery of contraband from him was that of commercial quantity under the law.

The NCB, to support its case, also referred to July, 2022 order of the HC which rejected bail to co-accused due to recovery of commercial quantity of contraband.

However, advocates Abhishek Yende and Surbhi Agrawal, appearing for Shaikh, referred to the December, 2022 Supreme Court order in appeal by the same co-accused which granted him bail citing two-year incarceration and no likelihood of conclusion of trial in near future.

Shaikh sought release on bail on the same grounds.

Justice Karnik noted the present applicant was in custody for 34 months and since the co-accused was granted bail by the apex court, he was inclined to enlarge Shaikh on bail on the ground of parity as the trial was not likely to conclude soon.

The bench also noted that Shaikh has been acquitted in two of five cases against him and and none of the antecedents are under NDPS Act.

It directed Shaikh to be released on furnishing of bail bond of Rs 1 lakh with sureties of the same amount, attend the NCB unit once every month and shall not leave Mumbai without the permission of the trial court.