Shakir Jamil Ahmed Shaikh Released on Bail Due to Non-compliance with Section 50 of NDPS Act
In a significant ruling, the Bombay High Court has granted bail to Shakir Jamil Ahmed Shaikh, accused in a narcotic drugs case, due to procedural lapses related to his personal search under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Presided by Justice Shyam C. Chandak, the court emphasized the necessity of written documentation when an accused waives their right to be searched before a Magistrate or Gazetted Officer, as required under Section 50 of the NDPS Act.
The case against Shaikh, registered under C.R.No.78/2023 at RAK Marg Police Station, involved the possession of 100 grams of Mephedrone, a commercial quantity. Despite being served with a written notice informing him of his rights, Shaikh's waiver was not documented in writing, raising questions about the compliance with legal protocols.
The court's decision aligns with the precedent set by the Supreme Court in Rajan Kumar Chadha v. State of Himachal Pradesh, which mandates written and signed waivers by suspects regarding their search rights under Section 50 of the NDPS Act. The absence of such documentation in Shaikh's case was pivotal in supporting his bail application.
Ms. Sumaiya Khan, representing Shaikh, argued that the lack of written waiver and prolonged incarceration of over three and a half years without witness examination warranted bail. The prosecution, led by Mr. V.A. Kulkarni, opposed the bail, citing Shaikh’s criminal antecedents and possession of commercial quantities of the drug.
Justice Chandak acknowledged the procedural lapse and noted the undue delay in trial proceedings, ultimately deciding in favor of granting bail. Shaikh is required to furnish a bond and comply with conditions set by the court, including regular attendance at RAK Marg Police Station and refraining from influencing witnesses or engaging in similar criminal activities.
Bottom line:-
Non-compliance with Section 50 of the NDPS Act in recording the waiver of the right to be searched before a Gazetted Officer or Magistrate can support the accused's case for bail.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 50, 37
Shakir Jamil Ahmed Shaikh v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2941287
