The Special Court for the Narcotic Drug and Psychotropic Substances (NDPS) Act, 1985, at Greater Bombay, granted bail to the applicant, Mohammed Khalil Ahmed Abdul Aziz Qureshi, in an order dated April 22nd, 2024. The application, Criminal Bail Application No. 913 of 2024, was filed in connection with LAC No. 133/2024 registered at Kurla police station for offenses under Section 8(c) read with Section 20 of the NDPS Act. The court’s decision hinged on the crucial legal distinction between commercial and non-commercial quantities of contraband, specifically finding that the quantity seized was Intermediate Quantity.
The Allegation and The Crux of The Legal Argument
The prosecution’s case alleged that on March 20th, 2024, 1,100 grams of Ganja (cannabis) was recovered from the possession of the applicant. Under the NDPS Act, the quantum of seized contraband is paramount:
- Small Quantity (up to 1,000 grams of Ganja): Least severe punishment.
- Intermediate Quantity (above 1,000 grams but less than 20 kilograms of Ganja): Moderate punishment, up to 10 years of rigorous imprisonment and a fine of up to ₹1 lakh.
- Commercial Quantity (20 kilograms or more of Ganja): Most severe punishment, minimum 10 years and up to 20 years of rigorous imprisonment, and attracts the stringent rigours of Section 37.
The applicant’s counsel, Ld. Adv. Pangarkar, argued that the quantity recovered (1,100 grams) falls within the intermediate quantity range. Crucially, this meant that the rigours of Section 37 of the NDPS Act are not applicable. Section 37 imposes strict twin conditions for bail in commercial quantity cases, requiring the court to be satisfied that the accused is not guilty and is unlikely to commit any offense while on bail. Since those conditions were inapplicable, the applicant only had to satisfy the general requirements for bail under the Code of Criminal Procedure.
Judicial Analysis and Finding
The prosecution, represented by Ld. APP Mr. Rajput, strongly opposed the bail plea, arguing that the 1,100 grams suggested the applicant was possessing the drug for the purpose of sale, thus branding him a “drug peddler.” The prosecution also claimed that the investigation was yet to be completed and that the applicant’s release might hamper the process.
The Special Judge, K.P. Kshirsagar, carefully considered these submissions and the material on record. The court made the following key observations:
- Non-Applicability of Section 37: The court confirmed that the offense was punishable under Section 20(b)(ii)(B) of the NDPS Act, carrying a maximum sentence of 10 years, and affirmed that the quantity was non-commercial (intermediate), making the rigour of Section 37 inapplicable.
- No Antecedents: The court found no criminal antecedents were attributed to the applicant, who was noted to be a resident of Mumbai, mitigating the risk of him fleeing justice.
- Investigation Status: The applicant had been in custody since March 20th, 2024, and the court noted that “nothing is to be recovered from the applicant/accused now.” This implied that the investigation, at least regarding the applicant, was “almost completed.”
- Presumption of Innocence and Liberty: The court reiterated the fundamental principle that “Personal liberty is most precious of all fundamental rights,” and that the object of bail is to secure the accused’s attendance, not to be punitive.
Based on the prima facie appreciation of the facts, the court found no necessity for the further detention of the accused.
The Bail Order and Conditions
The court accordingly allowed the Criminal Bail Application, ordering the release of Mohammed Khalil Ahmed Abdul Aziz Qureshi on bail upon executing a Personal Bond of ₹50,000/- with one or more sureties in the like amount, subject to the following key conditions:
- Cooperation: The applicant must co-operate with the Investigating Officer and be available for interrogation as and when required.
- No Tampering: He shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.
- Trial Attendance: He must co-operate in the early disposal of the trial.
- No Crime: He shall not commit any criminal offence while on bail.
This order serves as a clear illustration that for NDPS cases involving intermediate quantities, the focus shifts away from the restrictive conditions of Section 37 and towards the normal principles of bail, provided the accused is not a flight risk and has no history of prior offenses.