Mumbai, April 26th, 2022 – The Special Judge for N.D.P.S. Cases at Greater Mumbai has granted bail to Irfan Parvez Qureshi, a 19-year-old resident of Malad, who was arrested for possession of ganja. The court, presided over by Special Judge V.V. Patil, allowed the bail application, citing the small quantity of the recovered contraband and the consequent non-applicability of stringent provisions under the NDPS Act.

Qureshi was arrested by the Malvani Police Station on March 17th, 2022, in connection with C.R. No. 102/2022, for offenses punishable under Section 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

According to the prosecution, police officers found Qureshi in a suspicious condition near Rosmary School, allegedly selling ganja. Upon searching him, they recovered 520 grams of ganja, which was seized under a panchnama.

Qureshi’s defense, presented by Advocate Jitendra S., argued that he was falsely implicated, the recovered quantity was small, and therefore, Section 37 of the NDPS Act (which imposes stringent conditions for bail) was not applicable. He also emphasized that Qureshi is a permanent resident of Mumbai and not likely to abscond.

The prosecution, represented by Additional Public Prosecutor Rajput, opposed the bail, citing the ongoing investigation and the possibility of Qureshi re-offending or absconding.

Judge Patil, in his order, noted that the recovered quantity of 520 grams of ganja falls under the category of “small quantity” as defined under the NDPS Act. Consequently, the stringent provisions of Section 37, which require the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offense while on bail,¹ were deemed inapplicable.

“Now, the quantity of contraband recovered from the applicant is small quantity and punishment prescribed to the said offence is upto one year. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated.

The court also addressed the prosecution’s concerns about the ongoing investigation, stating that the recovery was complete and nothing remained to be recovered. The court also considered Qureshi’s lack of criminal antecedents and his permanent residence in Mumbai.

“No purpose will be served by keeping the applicant in the custody,” Judge Patil noted.

Consequently, the court granted bail to Irfan Parvez Qureshi, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Qureshi must execute a P.R. Bond of Rs. 15,000/- with one surety of the same amount.
• Police Attendance: He must attend the Malvani Police Station every Thursday between 2:00 PM and 5:00 PM until the police file the charge sheet.
• Contact Information: He and his surety must provide their mobile numbers and addresses, along with the names, mobile numbers, and addresses of two relatives.
• Identity and Residence Proof: He must provide proof of identity and residence at the time of executing the bail bond.
• No Tampering with Evidence: He must not tamper with prosecution witnesses or evidence and must cooperate with the trial.
• No Similar Offenses: He must not commit similar offenses while on bail.
• Provisional Cash Bail: He was granted eight weeks to provide provisional cash bail of 15,000 rupees.

The court’s decision highlights the importance of the quantity of contraband in determining the applicability of stringent bail provisions under the NDPS Act. The Malvani Police Station will continue its investigation.