Mumbai, April 25, 2022 – In a significant ruling, the Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases at Greater Mumbai, V. V. Patil, granted bail to 65-year-old Mehmood Siddiq Ansari, arrested in connection with the possession of 1100 grams of Ganja. The decision, delivered on April 22, 2022, hinged on the court’s assessment of the quantity of the seized contraband as falling within the “intermediate” and subsequently deemed “non-commercial” category, thereby mitigating the stringent provisions of Section 37 of the NDPS Act.

Ansari, a resident of Azad Nagar, Malad (W), Mumbai, was apprehended by the Malavani Police on April 4, 2022, and booked under sections 8(c) read with 20 and 29 of the NDPS Act, pertaining to the possession and trafficking of narcotics. The prosecution’s case rested on the allegation that during a routine search operation for a wanted accused, Ansari was found acting suspiciously near Usmaniya Masjid in Ambujwadi. Upon interception, a search revealed 1100 grams of Ganja concealed in a white nylon bag.

Ansari, through his advocate Kiran Gogawale, filed a bail application under Section 439 of the Criminal Procedure Code (CrPC), asserting his innocence and claiming false implication. He argued that the recovered quantity of Ganja, while exceeding the “small quantity” threshold, remained within the “intermediate” range, rendering Section 37 of the NDPS Act inapplicable. This section imposes stringent conditions for granting bail in cases involving commercial quantities of narcotics. Ansari further emphasized his deep roots in the community and expressed willingness to adhere to any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor (APP) Rajput, vehemently opposed the bail plea, citing ongoing investigations and the pursuit of a co-accused, Kalidas, who remained at large. They argued that granting bail to Ansari could potentially lead to his involvement in similar offenses.

During the hearing, the court meticulously examined the evidence and arguments presented by both sides. A crucial point of contention was the classification of the seized Ganja quantity. The court acknowledged the defense’s argument that 1100 grams, while not a small quantity, did not qualify as a commercial quantity under the NDPS Act, thus exempting the case from the rigorous bail provisions of Section 37.

“Perusal of record reveals that on 04.04.2022, a team of Malavani police Station was searching for one wanted accused at that time, they found present applicant in suspicious condition. Hence officers apprehended him. On search, he was found in possession of 1100 gms. of Ganja. Now, the quantity of contraband recovered from the applicant is Non Commercial Quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated in his order.

Addressing the prosecution’s concerns about ongoing investigations, the court noted that the recovery of the contraband was complete, and there was no indication of further recoveries. The court also considered Ansari’s permanent residence in Mumbai, his unlikelihood to abscond, and the absence of any prior criminal record.

“Prosecution opposed the application on the ground that investigation is in progress. However, this is not ground to deny the bail. Already recovery is completed and nothing is remained to be recovered. Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond. Further, applicant is ready to abide by any conditions imposed by the Court. There are no criminal antecedents to the discredit of the applicant. No purpose will be served by keeping the applicant in the custody,” Judge Patil observed.

Consequently, the court granted Ansari bail, ordering him to execute a personal bond of Rs. 20,000 with one surety of the same amount. The court also imposed several conditions, including mandatory attendance at Malavani Police Station every Wednesday between 2:00 PM and 5:00 PM until the filing of the charge sheet, submission of identity and residence proofs, non-tampering with witnesses or evidence, cooperation in the trial, and abstention from committing similar offenses while on bail.

Recognizing the defense’s request, the court also granted permission for a provisional cash bail of Rs. 20,000 for a period of eight weeks, allowing Ansari time to arrange for the surety.

The order, dictated, transcribed, and signed on April 22, 2022, was officially uploaded on April 25, 2022, at 12:30 PM, as certified by stenographer Mrs. S. W. Tuscano.

This ruling underscores the judiciary’s meticulous approach in NDPS cases, particularly in distinguishing between commercial and non-commercial quantities of narcotics, and its commitment to balancing individual liberty with the imperatives of law enforcement. The case serves as a reminder of the nuanced legal framework governing drug-related offenses and the importance of adhering to procedural safeguards.