Mumbai, July 13, 2022 – In a ruling that highlighted the non-commercial quantity of the seized contraband and the accused’s residency, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act at Greater Bombay granted bail to Shaikh Iqbal Mohammad Ali in connection with an NDPS case registered at Dharavi Police Station (C.R. No. 783/2022). The decision, delivered by Additional Sessions Judge Shri V.G. Raghuwanshi (C.R. 43) on July 6, 2022, emphasized the importance of quantity and the accused’s ties to the community.
Arrest and Allegations:
Shaikh Iqbal Mohammad Ali, a 30-year-old resident of Dharavi, was arrested on June 18, 2022, in connection with an offense registered under Section 8(c) read with Section 21(b) and 29 of the NDPS Act, 1985. The prosecution alleged that on June 17, 2022, Police Inspector Bharat Salgar of Dharavi Police Station apprehended Ali and recovered 5 grams of Mephedrone (MD) during a personal search.
Bail Application and Arguments:
Ali, through his advocate Mr. Kamlesh Satre, filed a bail application (Criminal Bail Application No. 1615 of 2022), contending that he was falsely implicated in the case. He argued that the quantity of Mephedrone (MD) allegedly seized from him was less than commercial quantity, and that there was no compliance with Section 42(2) of the NDPS Act. He emphasized his permanent residency in Mumbai, his family ties, and his role as the breadwinner. Ali also expressed his willingness to abide by all conditions imposed by the court.
The prosecution, represented by Additional Public Prosecutor P.J. Tarange, opposed the bail application, submitting a report detailing the grounds for their opposition.
Court’s Reasoning and Decision:
Judge Raghuwanshi, after hearing both sides, focused on the crucial fact that the quantity of Mephedrone (MD) allegedly seized from Ali was less than commercial quantity.
“In this matter Mephedrone (MD) allegedly seized from applicant/accused is less than commercial quantity,” the judge stated in his oral order. “Therefore, section 37 of the NDPS Act is not applicable in this case.”
The court also considered Ali’s permanent residency in Mumbai, supported by his Aadhaar Card, and his readiness to furnish surety and abide by all conditions.
“Applicant/accused is permanent resident of Mumbai,” Judge Raghuwanshi noted. “He has filed copy of Aadhar Card to show that, he is permanent resident of Mumbai. He is ready to furnish surety and abide by all conditions those may be imposed by this Court while releasing him on bail.”
The court also acknowledged that the investigation and trial would take time, and it would not be proper to detain Ali during this entire period.
Consequently, the court granted bail to Shaikh Iqbal Mohammad Ali, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 25,000 with one or more solvent sureties of the same amount. The court imposed several conditions, including that Ali must not engage in any activity that would hamper the investigation, must appear regularly before the trial court, must not tamper with prosecution evidence, and must appear before the Investigating Officer once a week until the charge sheet is filed.
Implications and Significance:
This ruling underscores the importance of the quantity of seized contraband in NDPS cases. The court’s decision highlights that when the quantity is less than commercial, the stringent provisions of Section 37 of the NDPS Act do not apply, making it easier to grant bail. The court also emphasized the accused’s residency and willingness to abide by conditions, indicating a balanced approach to individual liberty and law enforcement.
The case serves as a reminder of the judicial process’s emphasis on balancing individual rights with the need to address drug-related offenses, while also ensuring that legal provisions are applied appropriately based on the specific circumstances of each case.
The order was dictated on July 6, 2022, typed on July 8, 2022, and signed on July 11, 2022. It was uploaded on July 13, 2022, at 3:07 p.m.