Irfan Ibrahim Shaikh v. the State of Maharashtra
Case brief
What is this about?
Bombay High Court, Criminal Bail Application No. 5039 of 2024, decided 16-04-2026 by R. M. Joshi, J.: Irfan Ibrahim Shaikh v. State of Maharashtra; CR No. 126 of 2023 (Ghatkopar Police Station); NDPS S. 8(c) + S. 22(c) + S. 29 (Mephedrone, 55 grams with pouch). Holding: Section 37 NDPS rigors prima facie inapplicable — commercial-quantity doubt because actual contraband weight never taken and zip-lock pouch weight not separately recorded; recovery-attribution doubt because premises ownership/control never investigated and wife's statement (recorded in panchanama per APP claim) absent. Custody of about three years since arrest on 04-05-2023; charge framed, trial stalled. Bail ordered on Rs. 30,000 PR bond with one or two sureties, attendance at hearings and monthly police-station reporting. Keywords: NDPS bail, Section 37 rigors, commercial quantity, zip-lock pouch weight, attributable recovery, custody delay, mephedrone, Ghatkopar.