Mumbai: The Narcotics Control Drug and Psychotropic Substance (NDPS) Act court of the sessions court has dismissed the prosecution’s plea of the accused being a history sheeter and accused is as many as 12 cases with the Trombay police and pleading the court to reject the bail plea of the arrested accused Ejaz Shaikh alias Immo Murgi.
The court however dismissed the prosecutions case holding that the grounds used by the prosecution for opposing the bail were having loose ends and cannot be held against the accused.
Quantity Of Seized Drug Not Clearly Established
The court presided over by judge Sunil Patil in its orders held that the prosecution have failed to prove the exact quantity of the banned substance (seized drug).
The court noted that while the prosecution claimed 15 bottles of 100 ml each were seized, it failed to provide a clear statement on the specific amount in milligrams or grams of Codeine Phosphate within each bottle.
Court’s Final Observation
“The fact that the accused has a criminal history is not a sufficient reason to deny bail. “Merely having cases registered against a person, or being externed from an area, does not automatically disqualify them from being granted bail, especially if there is no evidence of previous convictions or penalties in those cases,” the court held.
Defence Argues False Implication And Intermediate Quantity
Accused who was represented by advocate Farheen Chaudhary, in her bail application argued that her client had been falsely implicated. “The quantity of the seized substance amounted to a commercial quantity is not true as the quantity is an intermediate quantity, which carries a lesser sentence. Also since the charge sheet had already been filed, there was no need to keep the accused in judicial custody for an indefinite period,” argued advocate Chaudhary.
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Prosecution’s Case Against Shaikh
As per prosecution, Shaikh was arrested by the Trombay Police on November 9, 2024, after he was allegedly found with 15 bottles of cough syrup containing Codeine Phosphate. He was charged under Section 8(c) read with Section 22(c) of the NDPS Act, which pertains to the possession of psychotropic substances in a commercial quantity.
