Mumbai, April 29, 2022 – The Special Judge for NDPS Cases at Greater Mumbai, His Honour V. V. Patil, has granted bail to Salim Mohammad Husain Qureshi, a 38-year-old auto rickshaw driver, who was arrested in connection with a case involving the alleged possession of Ganja. Qureshi was apprehended by Dindoshi Police Station under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution’s case in C.R. No. 290 of 2022, on March 24, 2022, while on patrol duty, police officers stopped an auto rickshaw bearing registration number MH-02 CN 2646 at around 1:30 a.m. The occupants of the rickshaw identified themselves as Salim Mohammad Qureshi (the present applicant), Abdul Razzak Mohammad Rafiq Shaikh, and Salim Azam Shaikh.

Upon searching the auto rickshaw, the police allegedly discovered a blue bag containing 2 kilograms of Ganja in the backside of the vehicle. When questioned about the contraband, the auto rickshaw driver, Salim Qureshi, stated that it belonged to the passengers, Abdul Shaikh and Saleem Shaikh, and that they were carrying it. Further inquiry with the co-accused, Abdul Shaikh and Saleem Shaikh, revealed that they had procured the Ganja from Ghatkopar. Subsequently, the police, along with the co-accused, went to Ghatkopar and identified the residence of Mohd. Ali Nizamuddin Khan, from whom the contraband was allegedly purchased. Following this, an FIR was registered against all the accused individuals.

In his bail application (No. 776 of 2022), Salim Qureshi argued that he had been falsely implicated and had no connection to the recovered Ganja. His advocate, Mr. Qurban Hussain Kudle, submitted that the alleged contraband was recovered from the possession of the passengers in the auto rickshaw, and nothing was recovered from the applicant himself. He further pointed out that the quantity of the seized Ganja, 2 kilograms, falls under the category of non-commercial quantity, thus the stringent bar under Section 37 of the NDPS Act was not applicable. The applicant also asserted that he is a permanent resident of Mumbai and not likely to abscond.

The prosecution, represented by APP Mr. Rajput, opposed the bail application, arguing that the Ganja was recovered from the applicant’s auto rickshaw, which was used for the illegal transportation of the contraband. The prosecution contended that all the accused were found together in possession of the Ganja and that the co-accused had disclosed procuring it from Ghatkopar. They further argued that granting bail to the applicant could lead to him assisting wanted accused and hampering the ongoing investigation.

However, Special Judge V. V. Patil, after perusing the application, the prosecution’s reply, and hearing both sides, observed that the prosecution’s own narrative revealed that the 2 kilograms of Ganja were recovered from the backside of the auto rickshaw, specifically from the possession of the co-accused (Abdul Shaikh and Saleem Shaikh). The court noted that nothing was recovered directly from the present applicant, Salim Qureshi.

The court further emphasized the fact that the applicant was the auto rickshaw driver and, therefore, was not necessarily expected to have knowledge of what his passengers were carrying. Judge Patil found substance in the applicant’s submission that, prima facie, he had no concern with the seized contraband and that there was no prima facie evidence to establish a nexus between the applicant and the Ganja.

Additionally, the court acknowledged that the seized quantity of 2 kilograms of Ganja is classified as a non-commercial quantity, making the stringent conditions for bail under Section 37 of the NDPS Act inapplicable.

Considering the applicant’s claim of being a permanent resident of Mumbai, the unlikelihood of him absconding, and his willingness to abide by any conditions imposed by the court, Judge Patil concluded that the applicant was entitled to the grant of bail.

Order:

1. Bail Application No. 776/2022 is hereby allowed.
2. Applicant/accused Salim Mohammad Husain Qureshi shall be released in C.R. No. 290/2022 upon executing a Personal Recognizance (P.R.) Bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one or two sureties in the like amount.
3. The applicant/accused is directed to attend the Dindoshi Police Station every Friday between 1:00 p.m. to 4:00 p.m. until the filing of the charge-sheet.
4. The applicant/accused and his sureties shall provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
5. The applicant/accused shall produce proof of his identity and proof of residence at the time of executing the bail bond.
6. The applicant/accused is strictly directed not to tamper with prosecution witnesses or evidence in any manner and to cooperate in the early disposal of the trial.
7. The applicant/accused shall not commit any similar offence while on bail.
8. Upon the request of the learned advocate for the applicant/accused, provisional cash bail of Rs. 20,000/- is permitted for a period of eight weeks.
9. Bail Application No. 776/2022 is accordingly disposed of.

The order was dictated, transcribed, and signed by Special Judge (NDPS) V. V. Patil on April 27, 2022, and uploaded on April 29, 2022. This decision highlights the court’s careful consideration of the specific role attributed to each accused in NDPS cases, particularly when the recovery of contraband is not directly linked to the applicant. The non-commercial quantity of the drug also played a significant role in the granting of bail.