Mumbai, January 20, 2024 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay, today granted bail to Mahamad Ali Mahamad Yusuf Nagori @ Mohammad Ali Mohammad Yusuf Nagori, a 40-year-old resident of Dharavi, who was arrested in connection with C.R. No. 01/2024 registered at the Shahu Nagar police station. The case involves the alleged possession of 36 grams of Mephedrone (MD).

The order, pronounced by Additional Sessions Judge Mr. K.P. Kshirsagar (C.R. 43), came on Criminal Bail Application No. 71 of 2024, filed by the accused under Section 439 of the Code of Criminal Procedure. Mr. Gorakh Liman, the learned Advocate for the applicant, argued that the quantity of the seized contraband, 36 grams of Mephedrone, falls under the intermediate quantity as defined under the NDPS Act. Consequently, the stringent provisions of Section 37 of the Act, which impose limitations on granting bail, would not be applicable in this case.

The defense further submitted that the applicant had no prior criminal record and had been in custody since January 1, 2024. It was also argued that nothing further needed to be recovered from the accused, who is a resident of Mumbai and was willing to abide by any conditions imposed by the court. The learned Advocate thus prayed for the bail application to be allowed.

On the other hand, the learned APP Mr. Rajput, representing the prosecution, opposed the bail application. The prosecution argued that the investigation revealed the applicant was in possession of the Mephedrone for the purpose of sale, indicating he was a drug peddler. The prosecution also stated that the investigation was still ongoing, and releasing the accused at this stage could potentially hamper the process. Therefore, the APP requested the court to reject the bail application.

After considering the arguments and the material on record, Judge Kshirsagar observed that the applicant was accused of offences punishable under Section 8(c) read with Section 21(b) and Section 22(b) of the NDPS Act, 1985. The punishment for these offences can extend up to 10 years of imprisonment and a fine of up to ₹1 lakh. However, the court acknowledged that the alleged quantity of 36 grams of Mephedrone is classified as an intermediate quantity, not a commercial quantity. This crucial distinction meant that the rigorous conditions for bail under Section 37 of the NDPS Act were not applicable in this instance.

The court also noted the absence of any criminal antecedents attributed to the applicant and the fact that he appeared to be a resident of Mumbai. Furthermore, the applicant had been in custody since January 1, 2024, and there seemed to be no further recoveries pending from him. The court also opined that the investigation concerning the applicant appeared to be nearing completion.

Drawing upon the principle that personal liberty is a fundamental right and there is a presumption of innocence until proven guilty, Judge Kshirsagar emphasized that the primary objective of bail is to secure the accused’s attendance at trial, not to serve as a punitive or preventive measure. The court found prima facie that the applicant had cooperated during the investigation and had undertaken to continue cooperating during the trial. Considering the material on record, the court believed that the applicant’s presence could likely be secured even if released on bail. The court also noted that the prosecution’s interests could be safeguarded by imposing appropriate conditions.

Based on this reasoning and the prima facie appreciation of the material, the court found no necessity for the further detention of the accused to facilitate a full and fair investigation. Considering the nature and gravity of the offence, the age and antecedents of the accused, and the prima facie assessment of the evidence, the court concluded that releasing the accused on bail at this stage was not likely to prejudice either a fair investigation or the interests of society at large.

Consequently, the court passed the following order:

ORDER

1. Criminal Bail Application No. 71/2024 in C.R. No. 01/2024 is allowed.
2. Applicant/accused Mahamad Ali Mahamad Yusuf Nagori @ Mohammad Ali Mohammad Yusuf Nagori shall be released on bail in C.R. No. 01/2024 registered by Shahu Nagar police station for offences under Section 8(c) r/w Section 21(b) and Section 22(b) of the NDPS Act, 1985, upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand Only) with one or more sureties in the like amount, subject to the following conditions: (a) Applicant/accused shall cooperate with the Investigating Officer and shall make himself available for interrogation by the concerned Investigating Officer as and when required. (b) Applicant/accused shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner. (c) Applicant/accused shall cooperate in the early disposal of the trial. (d) Applicant/accused shall not commit any criminal offence while on bail. (e) Applicant/accused and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of execution of the bail bond/surety bond.
3. Bail Application No. 71/2024 is disposed of accordingly.

The order was pronounced in open court on January 20, 2024, and signed and uploaded on the same day. This decision highlights the importance of the quantity of the seized narcotic substance in determining the applicability of stringent bail conditions under the NDPS Act.