Mumbai, January 23, 2024 – In a significant development, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Bombay has granted bail to a 28-year-old businessman, Faisal Usman Gani Qureshi, who was accused in a narcotics case. The court ruled in favor of Qureshi, emphasizing the importance of personal liberty and noting that the alleged quantity of drugs recovered did not constitute a commercial quantity.
Case Background
Qureshi was arrested on December 24, 2023, following a police operation conducted by the Malwani Police Station in Mumbai. According to the prosecution, 3 grams of Mephedrone (MD) was seized from his possession, leading to charges under Section 8(c) read with Section 22(b) of the NDPS Act, 1985. The charges carry a potential punishment of up to 10 years in prison along with a fine.
Bail Plea and Court Proceedings
Appearing before the court, Qureshi’s legal counsel, Advocate Arkam Shaikh, argued that his client had been falsely implicated and that the seized quantity was classified as ‘intermediate’ rather than ‘commercial,’ making Section 37 of the NDPS Act inapplicable. He further asserted that Qureshi had no prior criminal record and had cooperated fully with the investigation. Additionally, Shaikh contended that no further recovery was required from the accused and that continued detention would serve no purpose.
Opposing the bail plea, Additional Public Prosecutor (APP) Mr. Rajput maintained that Qureshi’s release could hinder the ongoing investigation. The prosecution argued that Qureshi had not fully cooperated and that there was a possibility of tampering with evidence or influencing witnesses.
Court’s Observations and Ruling
After reviewing the case materials, Additional Sessions Judge K.P. Kshirsagar noted that the accused had been in custody since December 24, 2023, and that the investigation concerning him was almost complete. The court also highlighted the fundamental right to personal liberty, stating that bail is meant to ensure the accused’s presence at trial rather than serve as a punitive measure.
The court ruled that Qureshi’s continued detention was not necessary for the investigation, adding that his presence during trial could be ensured through appropriate conditions. Consequently, the bail application was approved, subject to specific conditions.
Bail Conditions
Qureshi was granted bail upon furnishing a personal bond of ₹50,000 with one or more sureties. The court imposed the following conditions:
- He must cooperate with the investigation and appear for questioning whenever required.
- He is prohibited from tampering with evidence or influencing witnesses.
- He must not commit any criminal offenses while out on bail.
- He must provide his current residential address and mobile number at the time of execution of the bail bond.
- He must cooperate with the judicial process and ensure an early disposal of the trial.
Legal Implications
Legal experts note that this case reaffirms the principle that bail should not be denied arbitrarily, especially in cases where the quantity of the contraband does not trigger stricter provisions of the NDPS Act. The ruling also underscores the importance of striking a balance between ensuring justice and safeguarding individual freedoms.
What’s Next?
With the bail granted, Qureshi will now await trial, during which the prosecution must establish his guilt beyond reasonable doubt. Meanwhile, law enforcement authorities are expected to continue their investigation into the case.
This case adds to the ongoing debate regarding India’s narcotics laws and their implementation, particularly concerning smaller drug seizures and the potential for wrongful accusations. As the legal proceedings unfold, Qureshi’s case will be closely watched by legal experts and human rights advocates alike.
