Mumbai, Maharashtra – On October 7, 2023, the Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), at Greater Bombay, presided over by K.P. Kshirsagar (C.R.43), granted bail to Shamim Akram Ahmad, a 44-year-old artisan, in NDPS Bail Application No. 808 of 2023. Ahmad was arrested in connection with Spl. LAC/C.R. No. 56/2023, registered at Dongri Police Station, for offences under section 8(c) read with section 22(b) of the NDPS Act.

The court’s decision was primarily based on the fact that the quantity of Mephedrone (MD) seized from Ahmad was an intermediate quantity, thus exempting him from the stringent bail provisions of Section 37 of the NDPS Act. Additionally, the court noted the absence of any prior criminal antecedents attributed to the applicant.

The Allegations

According to the prosecution, on August 11, 2023, 26 grams of Mephedrone (MD) was recovered from Shamim Akram Ahmad’s possession. The police subsequently registered a case against him. The prosecution argued that the presence of 15 plastic pouches along with the MD indicated that Ahmad possessed the contraband for the purpose of sale, portraying him as a “drug peddler.”

Learned APP Mr. P.J. Tarange, representing the prosecution, argued that the offence was serious, the investigation was incomplete, and the supplier of the contraband was yet to be arrested. He expressed concerns that Ahmad might commit similar offences or tamper with the investigation if released on bail, and that his presence might not be secured for trial.

Applicant’s Defense

Mr. Mohd. Afzal, the learned advocate for Shamim Akram Ahmad, contended that this was his client’s first bail application and no other applications were pending in higher courts. He emphasized that the 26 grams of MD recovered was an intermediate quantity, and therefore, the strict conditions of Section 37 of the NDPS Act were not applicable.

He further highlighted that Ahmad had no criminal antecedents, nothing further needed to be recovered from him, and he had been in custody since August 11, 2023. Mr. Afzal also pointed out that Ahmad is a permanent resident of Mumbai and was willing to abide by any conditions imposed by the court.

Court’s Observations and Decision

Special Judge K.P. Kshirsagar carefully perused the application, documents, prosecution’s reply, and other material on record. The court acknowledged that the alleged offence carried a punishment that could extend to 10 years and a fine of up to Rs. One lakh.

The pivotal observation made by the court was that the quantity of contraband (26 grams of MD) was undeniably a non-commercial, intermediate quantity. This finding directly led to the conclusion that “the rigour of section 37 of NDPS Act is not applicable in present matter.”

The court further noted that Ahmad had been in custody since August 11, 2023, and that “nothing is to be recovered from him.” Crucially, the court found no criminal antecedents attributed to the applicant. The order stated that “there appear no any just ground which necessitates further detention of the applicant/accused.”

Emphasizing the importance of personal liberty as a fundamental right and the presumption of innocence, the court highlighted that the object of bail is to secure the accused’s attendance at trial, not to inflict punishment. The court observed that Ahmad had cooperated during the investigation and had undertaken to cooperate during the trial. The judge concluded that there was no reason to believe that Ahmad’s presence could not be secured if released on bail and that the interests of the prosecution could be adequately safeguarded by imposing suitable conditions.

Considering the nature and gravity of the offence, the age and antecedents of the accused, and a prima facie appreciation of the material on record, the court determined that releasing Ahmad on bail at this stage would not prejudice a fair investigation or the interests of society.

Bail Conditions

Shamim Akram Ahmad has been released on bail subject to the following conditions:

1. He must execute a personal bond of Rs. 50,000/- with one surety in the like amount.
2. He shall co-operate with the Investigating Officer and make himself available for interrogation as and when required.
3. He shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
4. He shall co-operate in the early disposal of the trial.
5. He shall not commit any criminal offence while on bail.
6. He and his surety shall provide their respective mobile numbers and present address with proof of residence at the time of execution of the bail/surety bond.

The NDPS Bail Application No. 808/2023 was disposed of accordingly. The order was pronounced in open court on October 7, 2023, and digitally signed on October 9, 2023.