Mumbai, Maharashtra – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has granted conditional bail to Nadim Rafiq Mansuri alias Guddu, a 29-year-old fisherman. Mansuri was arrested by the Anti Narcotic Cell (ANC), Worli Unit, in connection with the seizure of 300 grams of Charas.
Special Judge M.S. Mungale issued the order on November 1, 2018, in Bail Application No. 781 of 2018.
Details of the Case
According to the prosecution, on October 20, 2018, officers from the ANC Worli Unit were patrolling the Mahim area when they observed Mansuri in a suspicious condition on Shitaladevi Temple Road, Kapad Bazaar, Mahim. Upon apprehending and conducting a personal search following due procedure, they allegedly found 300 grams of Charas in his possession, valued at ₹1,50,000/-.
The Investigating Officer (I.O.) submitted in their reply that Mansuri allegedly possessed the contraband for illegal sale. Further inquiry with Mansuri revealed the name of one “Jogi” from Kulu Manali, Himachal Pradesh, from whom he claimed to have purchased the Charas. The I.O. expressed apprehension that releasing Mansuri on bail might allow him to alert Jogi, potentially aiding his abscondence, and that he might tamper with prosecution evidence.
Court’s Rationale for Granting Bail
Mr. Mahesh Mule, the learned advocate for the applicant, sought Mansuri’s release on bail. The court heard arguments from both Mr. Mule and Mr. B.G. Rajput, the learned A.P.P. for the State, and perused the case papers.
A critical point in the court’s decision was the quantity of contraband seized. The court noted that the 300 grams of Charas is “above small quantity, but, below commercial quantity i.e. non commercial quantity.” This distinction is significant under the NDPS Act, as it means the stringent bar for granting bail under Section 37 of the N.D.P.S. Act does not apply in this case.
The court also considered that Mansuri is a permanent resident of Khar (West), Mumbai. Judge Mungale reasoned that imposing specific conditions on Mansuri’s bail would effectively ensure his presence for interrogation by the I.O. whenever necessary, addressing the prosecution’s concerns about his potential to abscond or tamper with evidence.
Conditions for Bail
Based on these considerations, the court allowed the bail application, granting Nadim Rafiq Mansuri @ Guddu bail subject to the following terms:
- Bail Bond: He must execute a Personal Recognizance (P.R.) bond of ₹30,000/- and provide a surety of the like amount.
- Surety Flexibility: He is permitted to submit one or more sureties to match the required surety amount.
- Provisional Cash Security: He is granted six weeks to submit the sureties. In the interim, he can be released on bail by providing a provisional cash security of ₹30,000/-.
- Reporting to Police: He must report to the A.N.C. Worli Unit every Friday between 9:00 a.m. to 11:00 a.m. until the charge-sheet is filed.
- Attendance Diary: He must maintain a diary recording his presence at the police station and produce it before the court on each adjourned date.
- Default Clause: If he commits two consecutive defaults in reporting, his bail bonds shall be cancelled.
- No Tampering: He shall not tamper with the prosecution evidence.
- Cooperation: He shall provide full cooperation in the investigation.
- Proof of Address and Photo: Before his release on bail, he must submit his residential address proof and photograph on record.
The application stands disposed of accordingly.