Mumbai, Maharashtra – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has granted bail to Mohd. Montu Abusid Mandol alias Ramzan, who was arrested in connection with the seizure of 1.225 kilograms of Ganja. The order was issued on October 30, 2018, by Special Judge M.S. Mungale in Bail Application No. 759 of 2018.

Mandol was arrested in Byculla Police Station L.A.C. No. 158/2018. The raid, conducted on October 15, 2018, near Lord Ganesh Temple, Kakalij Chowk, Wadibunder Road, Mazgaon, Mumbai, allegedly led to the recovery of the psychotropic substance in the presence of panch witnesses.

Arguments and Court’s Reasoning

Mr. D.S. Rathod, the learned advocate representing the applicant, Mohd. Montu Abusid Mandol, sought his release on bail, presenting arguments based on the information provided in the bail application.

The Investigating Officer, through learned A.P.P. Mr. B.G. Rajput, opposed the bail application by filing a reply dated October 26, 2018. The prosecution’s primary contention was that the applicant’s wife, mother-in-law, sisters-in-law, brothers-in-law, and son were allegedly involved in the illegal sale of contraband psychotropic substances, with several crimes registered against them in various police stations. Specifically, the police station had registered L.A.C. No. 159/2018 against the applicant’s wife.

However, Special Judge M.S. Mungale, after hearing arguments from both sides and perusing the police papers, made several key observations. The court noted that the quantity of Ganja seized, 1 kilogram 225 grams, falls under the category of “non-commercial quantity.” This is a crucial distinction, as it means the stringent prohibition on the grant of bail under Section 37 of the NDPS Act is not applicable to this matter.

Furthermore, regarding the prosecution’s claim about the applicant’s family members, the court observed that while a case (L.A.C. No. 159/2018) was indeed registered against the applicant’s wife, no other complaints or evidence against the other close relatives allegedly involved in illegal activities were produced on record by the prosecution. Therefore, the court found the prosecution’s contention on this point to be “prima facie, not acceptable.”

The court also confirmed that the applicant’s residential address in Lallubhai Compound, Hiranandani Akruti Building, Mankhurd, Mumbai, was verified by the Investigating Officer.

Bail Conditions

Based on these findings, the court concluded that Mohd. Montu Abusid Mandol was entitled to be released on bail. The bail application (No. 759/2018) was allowed with the following conditions:

• The applicant/accused, Mohd. Montu Abusid Mandol alias Ramzan, is to be released on bail upon executing a Personal Recognizance (P.R.) bond of Rs. 25,000 and furnishing a surety of the like amount.
• The applicant is permitted to submit one or more sureties to match the required surety amount.
• A period of six weeks is granted to the applicant to submit the sureties. In the interim, the applicant is to be released on bail upon providing a provisional cash security of Rs. 25,000.
• Before his release on bail, the applicant must submit his residential address proof and photograph on record.
• The applicant is strictly prohibited from tampering with prosecution evidence.

The application stands disposed of accordingly.