Mumbai, Maharashtra – Mohammed Irfan Kurban Ansari, 34, was granted bail by the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), on October 25, 2023. Ansari had been arrested on August 31, 2023, in connection with C.R. No. 770/2023 registered at Nagpada Police Station, Mumbai, for offenses punishable under sections 8(c) read with section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution’s case stated that on September 13, 2023, a police patrol sighted Ansari suspiciously holding a black plastic bag near Mustafa Palace, Nagpada. Upon apprehension and subsequent search, 27 grams of Mephedrone (MD) were allegedly recovered from the bag. The contraband was seized under a panchanama, and Ansari was arrested.

Ms. Saba Gadhiali, the learned counsel for the applicant, argued that Ansari is innocent and has been falsely implicated. She contended that the quantity of MD seized (27 grams) falls under the “intermediate quantity” category, meaning the stringent bar under Section 37 of the NDPS Act is not attracted. She also highlighted that Section 50 of the NDPS Act, which mandates specific procedures for personal searches, was not applicable as the recovery was made from a bag and not directly from his person. She further stated that a search of Ansari’s house yielded no suspicious material and that he has been in custody for over a month with no significant progress in the investigation. She emphasized that he is the sole earning member of his family and sought his release on bail.

Mr. Shankar Erande, the learned APP for the State, opposed the bail, asserting that Ansari is a “habitual offender” with four previous cases registered against him, three of which are under the NDPS Act for consumption (Section 27). He argued that Section 50 of the NDPS Act was complied with and that the supplier of the contraband had not yet been traced, making the offense serious and the investigation ongoing.

Upon reviewing the record, the court observed that the recovered quantity of contraband was indeed an intermediate quantity, and thus, the rigorous provisions of Section 37 of the NDPS Act were not applicable. The court also agreed that since the recovery was from a bag, Section 50 of the NDPS Act was not attracted, a point generally upheld by higher courts in similar cases where contraband is found in a bag or container, not directly on the person.

Regarding Ansari’s criminal antecedents, the court noted that while he had four previous cases, three were related to Section 27 of the NDPS Act (consumption), and there was no material to show he had been convicted in any of these four offenses. Considering the nature of these past offenses and the absence of convictions, the court deemed him eligible for bail. The court also noted that Ansari is a resident of Mumbai, ensuring his presence for investigation and trial, and that stringent conditions could be imposed to safeguard the ongoing investigation.

Based on these reasons, Special Judge R. R. Bhagwat allowed the bail application. Mohammed Irfan Kurban Ansari was ordered to be released on a Personal Recognizance (P.R.) Bond of Rs. 50,000/- with one or more sureties in the like amount.

Conditions for Bail:

1. Ansari must attend Nagpada Police Station every Monday between 11:00 a.m. and 02:00 p.m. until the charge-sheet is filed.
2. He and his sureties must provide their mobile numbers, correct residential addresses, and names and mobile numbers of two relatives.
3. He must produce proof of identity and residence at the time of executing the bail bond.
4. He shall not tamper with prosecution witnesses/evidence in any manner and cooperate in the early disposal of the trial.
5. He shall not commit any similar offense while on bail.
6. The court also permitted Ansari to be released on a provisional cash bail of Rs. 50,000/- for four weeks from the order date, allowing time to arrange for a surety.

The bail application was accordingly disposed of.