Accused Amaan Shahid Ansari Granted Bail in NDPS Case as Forensic Report Comes Back Negative for Mephedrone

Mumbai, Maharashtra – In a significant turn of events, Amaan Shahid Ansari, aged 23, who was accused in a case under the Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, has been granted bail by the Special Court for NDPS Act at Greater Bombay. The order, issued on November 7, 2023, by Additional Sessions Judge K.P. Kshirsagar, comes after the chemical analysis report (CA report) of the seized contraband tested negative for Mephedrone (MD).

Ansari, identified as Accused No. 2 in NDPS Remand Application No. 587 of 2023 (C.R. No. 39/2023 registered at ANC Kandivali Unit, Mumbai), had sought bail under Section 439 of the Code of Criminal Procedure. He was facing charges under Section 8(c) read with Section 22(c) and Section 29 of the NDPS Act, which pertain to the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-state, export inter-state, import into India, export from India or transhipment of narcotic drugs and psychotropic substances, punishment for contravention in relation to psychotropic substances, and punishment for abetment and criminal conspiracy, respectively.

The Prosecution’s Case and The Crucial CA Report

According to the prosecution, on April 29, 2023, 57 grams of Mephedrone (MD) were allegedly recovered from co-accused No. 1, and 23 grams of MD from Amaan Shahid Ansari. The cumulative quantity was stated to be a commercial quantity.

However, a pivotal point in the bail application was the submission by Ansari’s advocate, Ld. Adv. Kiran Gogawale, that the CA report of the contraband was negative. This meant the substance seized did not contain Mephedrone as initially alleged. Ld. Adv. Gogawale emphasized that Ansari was falsely implicated and that there were reasonable grounds to believe he was not guilty. It was also noted that the co-accused had already been released on bail.

Ld. APP Mr. P.J. Tarange, representing the respondent/prosecution, conceded the fact that the CA report was indeed negative. He further informed the court that the prosecution had filed an application (NDPS Misc. Application No. 1418/2023) for re-testing the sample through the Forensic Laboratory at Hyderabad, which was allowed on October 27, 2023. Despite this, the Ld. APP stated that in view of the negative report from the Regional Forensic Science Laboratory, the respondent had no objection to releasing the applicant/accused on bail.

Court’s Reasoning for Granting Bail

Judge Kshirsagar, in the oral order, highlighted several key points:

Negative CA Report: The primary reason for granting bail was the negative chemical examination report. The court stated that “prima facie there appear no substance in the prosecution case that, the contraband recovered… is Mephedrone (MD).”
Bar under Section 37 Lifted: Section 37 of the NDPS Act imposes stringent conditions for granting bail in cases involving commercial quantities. However, the court found that “in view of negative CA report and above facts bar provided under section 37 of the NDPS Act is lifted.”
Material Infirmities: The court noted “material infirmities in the prosecution case” due to the negative report.
No Criminal Antecedents: The applicant/accused was not found to have any prior criminal record.
Presumption of Innocence: The judge reiterated that “personal liberty is most precious of all fundamental rights” and that there is a “presumption of innocence unless the guilt is proved.”
Co-operation: Ansari had cooperated during the investigation and undertook to cooperate during the trial.

Bail Conditions:

Amaan Shahid Ansari has been released on bail upon executing a personal bond of ₹50,000 with one surety in the like amount, subject to the following conditions:

He 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, present address, and proof of residence at the time of executing the bail/surety bond.

The bail application was disposed of accordingly, marking a significant relief for Amaan Shahid Ansari in this high-stakes drug case.