Mumbai, April 9, 2025 (Thane News Network): The Special Judge for N.D.P.S. Cases at Greater Mumbai, His Honour V. V. Patil, has granted bail to Shafiq Mehbood Ansari, a 45-year-old resident of Malvani, who was arrested in connection with the possession of 150 grams of Ganja. The order was passed on April 7, 2022, in Criminal Bail Application No. 724 of 2022 arising out of C.R. No. 109 of 2022 registered at Malvani Police Station under Section 8(c) read with Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution’s case, on March 19, 2022, police officers on patrol duty near Usmaniya Masjid, Ambujwadi, Malvani, found Ansari acting suspiciously. Following this, Police Inspector Suryavanshi and two independent witnesses (panchas) were called to the location. On the direction of PI Suryavanshi, PSI Vathre allegedly recovered a bag containing 150 grams of Ganja from Ansari’s possession. The contraband was seized under a panchanama following due procedure, and Ansari was subsequently arrested.

The applicant, Shafiq Mehbood Ansari, sought bail primarily on the grounds of false implication and the fact that the quantity of Ganja allegedly recovered from him falls under the category of “small quantity” as defined under the NDPS Act. His advocate, Mr. Kiran, argued that Section 37 of the NDPS Act, which imposes stringent conditions for bail, is not applicable in this case. He further submitted that the punishment for the alleged offence is up to one year, the applicant is a permanent resident of Mumbai and is unlikely to abscond.

The respondent, the State of Maharashtra, represented by APP Mr. Rajput, opposed the bail application, contending that the investigation was still in progress. They argued that if released on bail, the accused might not be available for trial and could potentially indulge in similar offences.

After perusing the application, the prosecution’s reply, and hearing arguments from both sides, Special Judge V. V. Patil noted that the quantity of Ganja recovered from the applicant (150 grams) is indeed considered a small quantity under the NDPS Act. Consequently, the stringent provisions of Section 37 of the NDPS Act, which typically make it difficult to obtain bail in cases involving commercial quantities or serious offences, were deemed not applicable in this instance.

The court also addressed the prosecution’s argument regarding the pending charge-sheet, stating that this alone is not a sufficient ground to deny bail, especially since the recovery of the contraband has already been completed. The applicant’s counsel further submitted that Ansari has no prior criminal record and has a permanent address in Mumbai, reducing the likelihood of him absconding.

Furthermore, the court noted Ansari’s willingness to abide by any conditions imposed. Considering these factors, the Special Judge concluded that keeping the applicant in custody would serve no meaningful purpose and that he was entitled to be released on bail.

Therefore, the court passed the following order:

1. Bail Application Allowed: Criminal Bail Application No. 724/2022 was allowed.
2. Release on Bond: Applicant/accused Shafiq Mehbood Ansari was ordered to be released in C.R. No. 109/2022 upon executing a Personal Recognizance (P. R.) Bond of ₹15,000/- (Rupees Fifteen Thousand only) with one or two sureties of a like amount.
3. Mandatory Police Station Visits: Ansari is required to attend the Malvani Police Station every Thursday between 2:00 p.m. and 5:00 p.m. until the charge-sheet is filed.
4. Information to Police: The applicant/accused and his sureties are directed to provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
5. Identity and Residence Proof: Ansari must produce proof of his identity and residence at the time of executing the bail bond.
6. No Tampering with Evidence: The applicant/accused is strictly prohibited from tampering with prosecution witnesses or evidence in any manner and is expected to cooperate in the early disposal of the trial.
7. No Similar Offences: Ansari is warned not to commit any similar offence while on bail.
8. Provisional Cash Bail: The Learned Advocate for the applicant requested provisional cash bail for a period of eight weeks, which was granted. Ansari is permitted to furnish a provisional cash bail of ₹15,000/- for this period.
9. Application Disposed Of: Bail Application No. 724/2022 was accordingly disposed of.

The order was dictated on April 7, 2022, transcribed on April 8, 2022, and signed and uploaded on the court’s record on April 8, 2022.

This bail order provides temporary freedom to Shafiq Mehbood Ansari. However, he remains an accused in the case and is bound by the conditions set by the Special Judge, including regular police station visits and abstaining from any actions that could impede the legal process. The case will now proceed with the filing of the charge-sheet and the subsequent trial.