Mumbai Court Grants Bail to Elderly Man Mohammad Qayum Khaleel Qureshi in Non-Commercial Ganja Seizure

The Special Judge for NDPS Cases at Greater Mumbai has granted regular bail to Mohammad Qayum Khaleel Qureshi, a 60-year-old laborer, in connection with a case involving the seizure of 7.1 kilograms of ganja. The bail was granted under Section 439 of the Code of Criminal Procedure, 1973, in Crime No. 1033/2023, registered under Sections 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Shivaji Nagar Police Station, Mumbai.

Applicant’s Plea and Prosecution’s Opposition

Mohammad Qayum Khaleel Qureshi, represented by Ms. Munira Palanpurwala, contended that he was falsely implicated and had not committed any crime. His defense highlighted that the seized quantity of ganja, 7.1 kg, falls under the category of a non-commercial quantity. Qureshi, described as the sole breadwinner for his family and a permanent resident of Mumbai, expressed willingness to adhere to all bail conditions and furnish the necessary surety.

The Investigating Officer, through Mr. Shankar Erande, the Additional Public Prosecutor (APP) for the State, opposed the bail application. The prosecution confirmed the seizure of 7,100 grams of ganja following due procedure and Qureshi’s subsequent arrest. They argued that Qureshi was not cooperating with the ongoing investigation, which is yet to be completed. The prosecution stressed the seriousness of the offense and raised concerns that if released on bail, Qureshi might commit similar offenses, tamper with evidence, or pressure witnesses.

Court’s Rationale for Granting Bail

After considering the arguments from both sides, Special Judge B. Y. Phad decided to grant bail. The court’s decision was primarily influenced by several key factors:

Applicant’s Age: Mohammad Qayum Khaleel Qureshi is an elderly person, aged 60 years.
Quantity of Contraband: The seized quantity of ganja (7.1 kg) is classified as a non-commercial quantity under the NDPS Act, which carries lesser stringent bail conditions compared to commercial quantities.
Clean Antecedents: The applicant has no prior criminal record.
Permanent Abode: Qureshi appears to have a stable and permanent residence in Mumbai.

The court determined that imposing stringent conditions would be appropriate for granting bail in this case.

Bail Conditions Imposed

The court allowed Bail Application No. 1069/2023, ordering Qureshi’s release upon executing a personal bond of Rs. 60,000, along with one or two solvent surety bonds of the same amount. The bail is subject to the following stringent conditions:

Reporting to Police Station: Qureshi must report to Shivaji Nagar Police Station every Sunday between 10:00 AM and 11:00 AM until the final report is filed.
Travel Restrictions: He is prohibited from leaving the jurisdiction of Mumbai without explicit permission from the Investigating Officer or the Court.
No Contact with Case-Related Individuals: Qureshi is strictly forbidden from contacting co-accused, witnesses, or any individuals directly associated with the case. He must also not tamper with any evidence or documents related to the case.
Stable Residence and Contact Information: He must maintain his current residence in Govandi, Shivaji Nagar, Mumbai, and inform the court and the Investigating Officer of any change in address or mobile number.
Cooperation with Investigation: Qureshi must not interfere with the ongoing investigation and is required to comply fully with law enforcement.
Passport Surrender: If he possesses a passport, he must surrender it to the Investigating Officer within a week. If not, he must file an affidavit to that effect.
Prohibition from Offense-Related Activities: He is prohibited from engaging in any activities related to the registered offense.
Compliance with Law Enforcement: He must comply with all reasonable directions from law enforcement agencies or investigating officers concerning the case.
Blood Relatives’ Details: As per paragraph 12(1) of the Criminal Manual, he must furnish a list of three blood relatives with their detailed residential and work addresses, along with documentary proofs.

The court explicitly stated that failure to adhere to any of these conditions would result in the immediate revocation of bail and could lead to further legal consequences.