Mumbai – A Special Court in Greater Mumbai, operating under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, has granted bail to two individuals accused of possessing 10 grams of brown sugar. Mohammad Ilyas Gurisaheb Jamadar, aged 24, and Jishan @ Afzal Akbar Jatti, aged 22, were arrested on August 24, 2018, in connection with Crime No. 46/2018 registered at Sion Police Station. They were charged under Section 8(c) punishable by Sections 21(a) and 29 of the NDPS Act.

Additional Sessions Judge S.V. Yarlagadda, presiding over the case (Bail Application No. 605 of 2018), pronounced the order on September 12, 2018.

Arguments and Court’s Rationale

Mr. R.G. Shatalwar, representing the applicants, sought bail for his clients who were in judicial custody since their arrest. The prosecution, through Mr. P.S. Tawade, the Additional Public Prosecutor, opposed the bail, citing concerns that the applicants might abscond, obstruct the investigation, and that other accused might be involved. The prosecution also mentioned the need to verify the applicants’ addresses and highlighted the seriousness of the offenses.

However, Judge Yarlagadda noted that the quantity of brown sugar seized—10 grams in total, with each applicant allegedly possessing 5 grams—did not constitute a “commercial quantity” under the NDPS Act. This crucial distinction meant that the stringent provisions of Section 37(1)(b) of the NDPS Act, which impose strict conditions for bail in cases involving commercial quantities, were not applicable in this instance.

The court further observed that none of the offenses the applicants were charged with carried a punishment of life imprisonment or death. Additionally, the prosecution did not present any evidence of prior criminal antecedents against either of the applicants.

Considering these factors, Judge Yarlagadda concluded that the grounds presented by the prosecution were insufficient to deny bail. The court determined it was appropriate to grant bail with necessary conditions.

Bail Conditions

The court ordered the release of Mohammad Ilyas Gurisaheb Jamadar and Jishan @ Afzal Akbar Jatti upon furnishing a Personal Recognizance (PR) bond of Rs. 25,000 each, along with one or two solvent sureties of the like amount. The bail is subject to the following conditions:

• The applicants must not commit any further offenses.
• They must regularly attend court proceedings and not cause adjournments due to their absence.
• Any breach of these conditions will result in the cancellation of their bail.

The bail application was allowed and disposed of accordingly.