Mumbai, Maharashtra – May 6, 2022 – Bashir Mohd. Saudagar Usman Gani, accused of possessing MD (Mephedrone), has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. Special Judge V.V. Patil (C.R. No. 44) allowed Bail Application No. 885 of 2022, related to C.R. No. 47 of 2022 registered with ANC Bandra Unit.

Gani was arrested on April 8, 2022, and charged under Section 8(c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Case Background:

On April 8, 2022, officers from the ANC Bandra Unit, while on patrol, apprehended Gani near a fire brigade in Bandra (W). During a search, 20 grams of MD were recovered from a red bag in his possession.

Arguments and Court’s Reasoning:

Gani’s counsel, Adv. Gorakh, argued that his client was falsely implicated and that the 20 grams of MD recovered constituted a non-commercial quantity, thus not attracting the stringent provisions of Section 37 of the NDPS Act. He also emphasized that Gani was a permanent resident of Mumbai and willing to abide by any conditions imposed by the court.

The prosecution, represented by APP Rajput, opposed the bail, stating that Gani was involved in the MD trade in the Bandra Reclamation area and that he might abscond if released.

The court, after reviewing the records and hearing both sides, noted that the 20 grams of MD recovered was a non-commercial quantity. “As stated above, applicant was apprehended with 20 gms. of MD which is non-commercial quantity and therefore, stringent provisions of Sec. 37 of NDPS Act would not apply,” Judge Patil stated.

The court also considered Gani’s lack of criminal antecedents and his permanent residency. “Further as submitted on behalf of applicant, he is permanent resident of India and he has no criminal antecedents. Recovery is completed and nothing is remained to be recovered,” Judge Patil noted.

Regarding the prosecution’s concerns about absconding and indulging in similar activities, the court stated, “So far as apprehension of the prosecution regarding absconding and indulging in similar kind of activities is concerned, same can be taken care of by imposing necessary conditions. Applicant is ready to abide by all the terms and conditions imposed by the Court. Hence I hold that applicant is entitled to be released on bail.”

Bail Conditions:

Judge Patil granted bail to Bashir Mohd. Saudagar Usman Gani on the following conditions:

• Execution of a personal bond of ₹30,000 with one or two sureties of the same amount.
• Attendance at the ANC Bandra Unit office every Friday between 1:00 PM and 4:00 PM until the filing of the charge sheet.
• Submission of mobile numbers and residential addresses of Gani and his sureties, along with the names, mobile numbers, and addresses of two relatives.
• Submission of proof of identity and residence at the time of executing the bail bond.
• Prohibition from tampering with prosecution witnesses or evidence.
• Prohibition from committing similar offenses while on bail.
• Permission to furnish provisional cash bail of ₹30,000 for a period of eight weeks.

The certified copy of the judgment was issued on May 6, 2022. This decision underscores the court’s emphasis on the quantity of the seized drug and the non-applicability of stringent bail conditions under Section 37 of the NDPS Act when the quantity is non-commercial.