Mumbai, Maharashtra – A special court in Mumbai, designated under the Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, has granted bail to Atik Husen Riyaz Husen Mansoori, who was arrested in connection with the recovery of 16 grams of Mephedrone (MD). The order, issued by Special Judge K.P. Kshirsagar on January 5, 2024, highlights that the quantity of contraband recovered falls within the intermediate category, thus not attracting the stringent provisions of Section 37 of the NDPS Act.

Mansoori, aged 28, a resident of Santacruz (East), Mumbai, had filed a bail application (NDPS Bail Application No. 1048 of 2023) under Section 439 of the Code of Criminal Procedure. He was booked under Section 8(c) read with Section 22(b) of the NDPS Act, 1985, following his arrest on November 8, 2023, in connection with Spl. LAC/C.R. No. 985/2023 registered at Shivaji Nagar Police Station, Mumbai.

Arguments for Bail:

During the proceedings, Learned Advocate Mr. Jabali, representing Mansoori, submitted that this was the first bail application filed by the applicant and no other similar application was pending in any superior court. He emphasized that the 16 grams of Mephedrone seized was an “intermediate quantity,” which is crucial as it exempts the case from the rigorous conditions stipulated in Section 37 of the NDPS Act. This section imposes strict conditions for bail in cases involving “commercial quantity” of drugs, requiring the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and is unlikely to commit any offense while on bail. Since the recovered quantity was intermediate, these stringent conditions did not apply.

Mr. Jabali further highlighted that Mansoori is a permanent resident of Mumbai and has no prior criminal antecedents. He assured the court that his client was ready to comply with any conditions imposed for bail.

Prosecution’s Opposition:

Conversely, Learned APP Mr. Tarange, representing the State/prosecution, argued strongly against granting bail. He contended that the alleged offense was of a “serious nature” and that investigations had revealed Mansoori to be a “drug peddler.” The APP also stated that some “wanted accused” were yet to be apprehended and expressed concerns that Mansoori’s release on bail could “hamper the investigation” and that he might “continue to commit such offences.” He added that the investigation was not yet complete.

Court’s Reasoning and Decision:

After careful perusal of the application, documents, prosecution’s reply, and hearing both sides, Special Judge K.P. Kshirsagar noted that the offense Mansoori was accused of carried a punishment that could extend up to 10 years and a fine of up to Rs. One lakh.

The court’s decision hinged primarily on the classification of the recovered Mephedrone. It admitted that the quantity of contraband (16 grams) was an intermediate quantity and not a commercial quantity, thus reiterating that “the rigour of section 37 of NDPS Act is not applicable in present matter.”

The judge also observed that Mansoori had been in custody since November 8, 2023, and that “nothing is to be recovered from him now.” The court found that the “investigation in the present matter is almost completed.” Crucially, the court noted that the prosecution had not presented any evidence of Mansoori having a criminal record or any “antecedents of committing offence of similar nature.” Based on the material on record, the court found “no any just ground which necessitates further detention of the applicant/accused.”

Emphasizing the importance of personal liberty as a fundamental right and adhering to the presumption of innocence until guilt is proven, the court stated that “the object of the bail is to secure the attendance of the accused at the trial and the object is neither punitive and preventive.” The court concluded that Mansoori had “co-operated during the investigation” and had undertaken to “co-operate during the trial.” It determined that his “presence is likely to be secured even if he is released on bail” and that the “interest of the prosecution can be safeguarded by imposing certain conditions.”

Considering “the nature of offence, gravity of offence age and antecedents of the accused,” the court found no likelihood of Mansoori’s release being “prejudicial either to fair investigation or to the interest of society at large.”

Bail Conditions:

Accordingly, the court allowed the bail application, ordering Mansoori’s release on executing a personal bond of Rs. 50,000/- with one surety in the like amount, subject to the following conditions:

• The applicant must cooperate with the Investigating Officer and make himself available for interrogation when required.
• He shall not tamper with prosecution evidence or influence witnesses.
• He must cooperate in the early disposal of the trial.
• He shall not commit any criminal offense while on bail.
• He and his surety must provide their mobile numbers and present address along with proof of residence at the time of executing the bail bond.

The bail application now stands disposed of, allowing Atik Husen Riyaz Husen Mansoori to be released from judicial custody.