The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act), in Greater Bombay, has granted bail to Hasanraza Noormohammad Saha @ Hasan Raza Noor Mohd Shah (42), a Thane resident arrested for the alleged possession of Hashish/Charas.

Special Judge K. P. Kshirsagar allowed the bail application (Criminal Bail Application No. 989 of 2024) on May 3, 2024. The Court’s decision hinged on the fact that the quantity of contraband recovered was below the commercial threshold, thereby not attracting the stringent conditions of Section 37 of the NDPS Act.

Case Details and Recovery

• Applicant: Mr. Hasanraza Noormohammad Saha @ Hasan Raza Noor Mohd Shah.
• Case: Spl. LAC/C.R. No. 444/2024 registered at Malwani Police Station, Mumbai.
• Offences: Section 8(c) read with Section 20(b) of the NDPS Act (Possession of Ganja/Charas).
• Recovery: The prosecution alleged the recovery of 150 grams of Hashish/Charas from the applicant during patrolling on March 29, 2024.

Court’s Rationale for Granting Bail

The Ld. APP, Mr. P.J. Rajput, opposed the application, arguing the offense was serious and the applicant possessed the contraband for sale, raising fears he might commit similar offenses while out on bail. However, the Court sided with the defense’s initial submissions (though the advocate was absent at the time of the order), noting the following:

1. Intermediate Quantity: The Court formally recognized that 150 grams of Hashish/Charas falls within the Intermediate Quantity as defined under the NDPS Act. Crucially, this means the rigors of Section 37 of the NDPS Act are not applicable.
2. Completed Investigation: The applicant has been in custody since March 29, 2024, and the Court found that “nothing is to be recovered from him” and the investigation in respect of the applicant is “almost completed.”
3. No Antecedents: It was noted that the prosecution did not claim the applicant had any criminal history of committing similar drug offenses.
4. Presumption of Innocence: The Judge reiterated the fundamental legal principle that “Personal liberty is most precious of all fundamental rights” and that the object of bail is to secure the accused’s attendance at trial, not to act as a preventive or punitive measure.

The Court concluded that there were justifiable grounds for release and that the prosecution’s interests could be adequately protected by imposing specific conditions.

Bail Conditions

The Criminal Bail Application No. 989 of 2024 was allowed. Hasanraza Noormohammad Saha was released on bail upon:

• Personal Bond: Executing a Personal Bond of ₹50,000/- with one or more sureties in the like amount.
• Cooperation: The applicant shall co-operate with the Investigating Officer and make himself available for interrogation as and when required.
• Non-Tampering: He shall not tamper with prosecution evidence or influence witnesses in any manner.
• No New Offences: He shall not commit any criminal offence while on bail.
• Trial Cooperation: He shall co-operate in the early disposal of the trial.