Bombay High Court: Bail Denied for Alleged Drug Supplier Arbaz Aslam Shaikh

Quick Summary: Arbaz Aslam Shaikh's request to be released on bail was denied by the Bombay High Court. He was caught with 100 grams of Mephedrone and is accused of selling drugs. The court found no good reason to let him out on bail under the NDPS Act.

The Arrest and Charges

On November 2, 2023, the Anti-Narcotics Cell (ANC) in Mumbai was patrolling near Jogeshwari when they noticed a suspicious person, Hardik Chandubhai Solanki. Solanki, who tried to run away, was caught with 100 grams of Mephedrone. He admitted that he was delivering drugs for Adam Hussain.

"The Police detained him and followed the legal procedures of the NDPS Act."

The Trail Leading to Arbaz

Solanki led the police to Adam Hussain, who was caught after a trap was set. Adam named Arbaz Aslam Shaikh as his supplier. The police then found Arbaz in Kalina, Santacruz. He was caught with another 100 grams of Mephedrone and arrested on November 3, 2023.

Legal Arguments

Arbaz's lawyer, Mr. Sherali Khan, argued that:

• The police didn't properly record the information as required by Section 42 of the NDPS Act.
• There was a delay in filing the First Information Report (FIR).
• The process of documenting evidence was not properly done.
• Arbaz had been in custody since November 2023 without being formally charged.

On the other hand, Ms. Megha Bajoria, representing the State, countered:

• The operation started by chance, so following Section 42 strictly wasn't necessary.
• The information was gathered in real-time during a patrol.
• All legal steps were followed, and the evidence was handled correctly.
• 100 grams of Mephedrone, cash, and zip lock bags were found, suggesting drug dealing.

Court's Decision

Judge Dr. Neela Gokhale pointed out the importance of Section 37 of the NDPS Act, which makes it hard to get bail for drug crimes. The court found no good reason to believe Arbaz was not guilty.

"There are no good reasons to believe that the accused is not guilty of the crimes he has been charged with."

Summary

The court turned down Arbaz's request for bail, stressing the seriousness of the charges and the evidence against him. This decision shows the strict rules under the NDPS Act to fight drug-related crimes.