Mumbai, Maharashtra – A Special Judge for NDPS Cases at Greater Mumbai, M.S. Mungale (C.R. No. 44), on October 12, 2018, granted bail to two individuals, Mohd. Iqbal Abdul Hamid Memon (41, Salesman) and Mohd. Shahid Mohd. Saeed Qureshi (29, Business), who were arrested in connection with a mephedrone (M.D.) seizure.
The two applicants had filed Bail Application No. 720 of 2018 under Section 439 of the Code of Criminal Procedure, seeking release on bail in NDPS L.A.C. No. 176 of 2018, which falls under C.R. No. 954 of 2018 of Nagpada Police Station.
According to the prosecution, a raid was conducted on October 2, 2018, based on information received. During this raid, 6 grams of Mephedrone (M.D.) contraband was seized from the possession of each applicant, totaling 12 grams.
The Investigating Officer (I.O.) contested the bail application, asserting that the applicants are “habitual offenders” and that granting them bail could lead to their involvement in similar offenses in the future.
However, after hearing arguments from Mr. S. R. Abbas, the learned Advocate for the applicants, and Mr. P. S. Tawade, the learned A.P.P. for the State, and reviewing the police record, the court made a crucial observation. Justice Mungale noted that the alleged contraband seized from each applicant was above small quantity but below commercial quantity, classifying it as a “non-commercial quantity.”
The court found that given the non-commercial quantity of contraband involved, the applicants were entitled to be released on bail, subject to certain conditions. While an Aadhaar card for applicant No. 2 (Mohd. Shahid Mohd. Saeed Qureshi) was annexed as proof of address, the address proof for applicant No. 1 (Mohd. Iqbal Abdul Hamid Memon) was not provided at the time of the application.
Consequently, the court allowed Bail Application No. 720 of 2018 under the following terms:
- Release on Bond: Both applicants, Mohd. Iqbal Abdul Hamid Memon and Mohd. Shahid Mohd. Saeed Qureshi, are to be released on bail upon executing a Personal Recognizance (P.R.) bond of Rs. 15,000/- each and furnishing a surety of the like amount (Rs. 15,000/- each).
- Address Proof and Photograph: As a precondition for their release on bail, both applicants must submit their respective address proofs and photographs on record.
- No Tampering with Evidence: The applicants are directed not to tamper with prosecution evidence.
The application stands disposed of accordingly.