MUMBAI, April 29, 2024 — The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), Greater Mumbai, has granted regular bail to Anwar Mannan Khan, a 38-year-old businessman, who was arrested for the alleged possession of Mephedrone (MD). The court’s decision was based primarily on the quantity of the drug recovered and the completion of the investigation against the accused.
Special Judge K.P. Kshirsagar (C.R.43) allowed Criminal Bail Application No. 988 of 2024, releasing Khan on a personal bond of Rs. 50,000/− with one or more sureties in the like amount.
Intermediate Quantity Voids Section 37 Rigours
The accused was arrested in connection with Spl. LAC/C.R. No. 280/2024 registered at Kandivali Police Station for offences under Section 8(c) read with Section 22(b) of the NDPS Act.
The key points considered by the court were:
- Quantity Classification: The prosecution alleged the recovery of 5 grams of Mephedrone (MD). The court explicitly noted that this quantity is “non-commercial quantity” and is classified as an intermediate quantity under the Act.
- Section 37 Inapplicable: Since the quantity is intermediate and not commercial, the rigours of Section 37 of the NDPS Act—which imposes strict conditions for bail, presuming guilt—are not attracted in the present matter.
- Investigation Status: The accused has been in custody since April 8, 2024, and the court found that the investigation is “almost completed” as “nothing is to be recovered from him.”
The court emphasized the principle that personal liberty is the “most precious of all fundamental rights” and that the “mere fact that, applicant/accused is having criminal antecedents itself is not a ground for rejection of bail.”
Conditions Imposed for Release
While granting bail, the court imposed conditions to ensure the smooth conduct of the trial and prevent any interference with the evidence:
- Cooperation: The applicant shall cooperate with the Investigating Officer and make himself 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 Expediency: The applicant shall cooperate in the early disposal of the trial.
- Future Conduct: He shall not commit any criminal offence while on bail.
The court concluded that the release of the accused at this stage is not likely to be prejudicial to either the fair investigation or the interest of society at large. The application was disposed of with these conditions.