HC grants bail to Bangladeshi national arrested in drugs case

Bombay HC grants bail to Bangladeshi accused of forging documents in drug case, citing lack of direct evidence linking him to the crime.

MUMBAI: The Bombay high court (HC) recently granted bail to a Bangladeshi national who was accused of entering India without a valid passport and visa and forging Aadhaar and PAN cards. Mohammed Murad Oliar Shaikh, a resident of Mira Road, has been in custody since May 13, 2022. He was apprehended by Panvel police in connection with a case involving the possession of drugs in commercial quantities.

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The court acknowledged that Shaikh was not found in possession of the contraband material, which was found in possession of a co-accused. The court noted that there was no material evidence linking Shaikh directly to the alleged crime or to the co-accused who was found with 54.180 grams of contraband, a quantity classified as commercial.

The court also considered the fact that the alleged forged documents, the Aadhaar and PAN card, had already been seized during the investigation. Moreover, Shaikh’s arrest occurred approximately three months after the co-accused was apprehended.

Given these circumstances, and noting that the trial is still pending, the court decided that there was no valid reason to continue detaining Shaikh. The bail was granted under stringent conditions to ensure that Shaikh remains available for trial and does not flee the country.

Shaikh is required to furnish a PR Bond of ₹1 Lakh with two solvent sureties. He must produce a valid passport and visa, which he can apply for from jail, with the State Authority providing necessary assistance.

He is to register with the concerned Foreigners Regional Registration Office (FRRO) within two weeks of his release and use a SIM card obtained on the basis of his valid passport. Additionally, he must inform the trial court of his place of residence and report any changes, report to the Panvel Taluka police station every Sunday, and refrain from tampering with evidence or influencing witnesses.

The court specified that Shaikh must also produce a certificate of assurance from the Embassy or High Commission of Bangladesh, guaranteeing that he will not leave India and will appear before the court as required. Any violation of these conditions would result in the cancellation of his bail. The State was also instructed to issue Lookout Circulars to prevent Shaikh from fleeing the country.

The court clarified that these observations are limited to the question of granting bail and should not influence the trial proceedings.