Mumbai: In a first for a police station under Mumbai Police’s jurisdiction, the RCF police in Chembur have arrested an individual under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, which permits preventive detention to curb drug trafficking activities. The accused, Mohammad Bashir Shabir, 34, who began his drug trade in Nagpada and now resides in Chembur, has been part of a long-standing family business involved in the sale of marijuana, commonly known as ganja.

Shaikh, popularly known as ‘Musa’, has multiple variations of his name, including Mohammad Akhlaq Israel Shaikh, Salman, and Akhlaq Bashir Shaikh. Assistant Police Inspector (API) Ravindra Patil of the RCF police station, who is leading the case, explained that Musa alters his name to conceal his criminal record. "Each time he is arrested, he provides a modified name, which prevents our database from matching his criminal history, allowing him to appear as a first-time offender and receive a lighter punishment," said Patil. Despite using different names, his signature remained consistent on all documents acquired by the police during the investigation, which ultimately gave away his real identity.

When the RCF police arrested Musa, they noticed a recurring pattern in how he secured bail, prompting a deeper investigation. “According to Musa’s records, which we painstakingly gathered, each time he was apprehended, he was found in possession of 5 to 8 kilograms of ganja,” said API Patil. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, drugs are categorized into three quantities: small, intermediate, and commercial. Commercial quantities indicate involvement in trafficking or distribution and carry much harsher penalties, including longer prison terms and higher fines. After conducting thorough background checks and completing administrative procedures, the RCF police uncovered Musa’s strategy of selling drugs in quantities just below the legally defined commercial threshold. This tactic allowed him to secure bail more easily by avoiding the harsher penalties associated with larger, commercial quantities.

“Musa would go to jail, spend around 4-5 months, and then secure his release on cash bail exceeding Rs. 1 lakh,” said Patil. “A regular peddler might be able to afford such a bail amount once, but Musa did this every year, indicating his wealth and the source of it—his involvement in the drug trade.”

Following an extensive investigation, Musa’s background came to light, tracing his origins to Mumbai’s Nagpada area. He lived in Agripada, where he attended an English medium school. During his interactions, police noted how well-versed he is in multiple languages, a skill that made him an effective businessman. “He had a large family, including two wives, who are somehow connected to his drug business,” said Patil. Musa also owns several properties under the names of his family members. His drug operations primarily involved sourcing ganja from Surat, Gujarat, and managing its supply, transport, and sale.

Musa was first arrested in 2016 by the Agripada police for drug possession, after which he secured bail and resumed his activities. He was subsequently arrested twice more by the Agripada police, followed by arrests by the Anti-Narcotics Cell (ANC) Worli Unit, Crime Branch - Unit 8, Nagpada police, and most recently by the RCF police.

The PITNDPS Act, typically enforced in northern states like Punjab and Haryana, was deemed appropriate for Shabir, a habitual offender involved in the supply, transport, and sale of narcotics. The RCF police decided to apply this act, making it the first police station in India to do so. “Usually, state and centralized bodies initiate cases under the PITNDPS Act, not local police stations. However, given the circumstances of this case, its history, and the accused's background, it was deemed fitting to proceed under this act,” added Patil.

In this case, the sponsoring authority is the Commissioner of Police, while the detaining authority is the state. “The Mumbai Police Commissioner submitted the proposal to the screening committee, which consists of six members from various agencies, including the DRI, NCB, CBI, along with the chairman- Director General of NCB represented by the zonal DCP, to the home department at Mantralaya. They approved the proposal and issued orders for Musa’s detention, after which he was taken into custody,” he said, adding that Musa was subsequently lodged at Chhatrapati Sambhajinagar Central Jail.

PITNDPS ACT, 1988

The PITNDPS Act provides for preventive detention orders against individuals to prevent them from engaging in the illicit trafficking of narcotic drugs and psychotropic substances.  

Objective of the PITNDPS Act: The primary aim of the PITNDPS Act is to target individuals such as organizers, financiers, and their agents who orchestrate drug trafficking from behind the scenes. The act seeks to detain habitual or organized illicit traffickers caught red-handed with narcotic drugs and psychotropic substances (NDPS) pending prosecution. It also addresses issues related to licensed cultivators who engage in embezzlement of opium or exceed cultivation limits, as well as individuals involved in the illicit cultivation of opium poppy and cannabis.