Mumbai, February 21, 2024 — The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) cases at Greater Mumbai granted conditional bail to Kesar @ Farman Maqsood Ahmed Ansari, a 31-year-old resident of Shivaji Nagar, Govandi, who was arrested in connection with Crime No. 292/2023 registered at Shivaji Nagar Police Station. The case involves possession of a non-commercial quantity of the synthetic drug MDMA (commonly known as ecstasy).
The bail was granted by Special NDPS Judge B.Y. Phad under NDPS Bail Application No. 1111/2023, following an assessment of the facts presented and the quantity of contraband seized.
Case Background
On March 18, 2023, police officers from Shivaji Nagar Police Station, while patrolling the Kachara Depot Road near Kamla Nagar Flyover in Govandi, noticed a suspicious white vehicle bearing registration number 05BJ4008. Inside were three men, later identified as:
- Kesar @ Farman Maqsood Ahmed Ansari
- Mohd. Salim Jalaluddin Chaudhari
- Abdul Alim Ali Wahab Khan
Police, in the presence of panch witnesses, conducted a search and found 15 grams of MDMA in possession of Ansari. He reportedly admitted to having procured the substance from co-accused Abdul Alim Ali Wahab Khan with the intention of sale.
A formal seizure and arrest followed, and a case was registered under Sections 8(c) read with 22(b) and 29 of the NDPS Act, 1985, which relate to the possession and conspiracy of illegal narcotics.
Applicant’s Plea and Legal Arguments
Represented by Advocate Ganesh Shinde, the applicant contended:
- The quantity of MDMA found is below commercial limits and falls under the category of intermediate quantity.
- The applicant is a first-time offender with no previous criminal history.
- There were alleged procedural lapses in complying with Sections 42 and 50 of the NDPS Act during the seizure.
- The accused is willing to cooperate with the investigation and comply with all bail conditions.
Prosecution’s Objection
Opposing the bail application, Assistant Public Prosecutor Mr. Shankar Erande argued that:
- The case involved sale and distribution of narcotics, which is a grave offense.
- The investigation is still ongoing, and there is a risk the accused might repeat the offense or tamper with evidence.
- Releasing the accused at this stage could interfere with the prosecution’s case.
Court’s Observation and Bail Order
Judge B.Y. Phad, after considering both sides, noted:
- The 15g MDMA seized was not a commercial quantity, hence the stringent bail conditions under Section 37 of the NDPS Act were not applicable.
- The accused has a fixed place of residence and no prior convictions.
The court, therefore, allowed the bail with strict conditions:
Key Bail Conditions:
- Personal Bond of ₹60,000 with one or two solvent sureties.
- Weekly reporting at Shivaji Nagar Police Station every Sunday between 10 a.m. to 11 a.m. until the final report is filed.
- Prohibited from leaving Mumbai without prior court or IO permission.
- Surrender of passport or filing of an affidavit if no passport exists, within one month.
- No contact with co-accused or witnesses.
- No tampering with evidence or involvement in similar offenses.
- Maintenance of stable residence and contact information.
- Furnishing of details of three blood relatives including residence and workplace addresses, with proof.
Strict Warning on Compliance
The court warned that any violation of the above conditions would lead to cancellation of bail and additional legal action.
Conclusion
While the decision provides temporary relief to the accused, the court made it clear that it does not preclude the seriousness of the offense. The case remains under investigation, and the prosecution is expected to file its final report after collecting further evidence and examining digital trails.
The case is a part of growing concerns over synthetic drug circulation in metropolitan areas like Mumbai, and law enforcement continues to crack down on such networks.
For more updates on legal proceedings and criminal justice developments in Mumbai, follow our special reports on NDPS and economic offenses.