Mumbai, May 4, 2024 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Greater Bombay, today granted bail to Mohd. Afroz Habib Qureshi, who was arrested by the Shivaji Nagar Police Station in connection with Special LAC/CR.No.170 of 2024. The accused was booked under Section 8(c) read with Sections 22 and 29 of the NDPS Act for allegedly possessing 10 bottles of Codeine Phosphate.

The order was passed by H.H.NDPS Special Judge Shri A.V. Kharkar (C.R. No. 42) after hearing the arguments from both the applicant’s counsel, Advocate Shreerath Kamath, and the Additional Public Prosecutor (APP) Mr. Wajeed Shaikh for the State.

According to the prosecution’s case, on October 28, 2023, during routine patrolling, the police party encountered the applicant carrying a bag on a public road. Upon suspicion, they stopped and searched him, allegedly recovering 10 bottles of Codeine Phosphate. The applicant reportedly disclosed that he had obtained these bottles from a co-accused, Samir. While Samir was also arrested, the say filed by the Investigating Officer reportedly remained silent regarding any recovery from him, indicating that the sole recovery of the contraband was from the present applicant.

Advocate Shreerath Kamath, representing the applicant, argued that the seized quantity of Codeine Phosphate was a non-commercial quantity. Consequently, the stringent bar of Section 37 of the NDPS Act, which restricts the granting of bail in cases involving commercial quantities, would not be applicable to his client’s case. Furthermore, the defense also raised the issue of potential non-compliance with the statutory provisions concerning search and seizure during the applicant’s apprehension.

The APP, Mr. Wajeed Shaikh, opposed the bail application, stating that the investigation was still in progress and emphasizing the gravity of the offence. He also pointed out that the quantity of the contraband seized was just below the threshold for being considered a commercial quantity.

However, Special Judge Shri Kharkar, after considering the submissions and perusing the prosecution’s say, noted that the seized contraband was indeed a non-commercial quantity. This crucial finding meant that the stringent limitations on granting bail under Section 37 of the NDPS Act did not apply. The court also took into account that there were no reported criminal antecedents against the applicant.

Considering these factors, the court found no legal impediment to releasing the accused on bail and proceeded to pass the following order:

Order

1. Criminal Bail Application No. 661 of 2024 is hereby allowed.
2. Applicant/Accused Mohd. Afroz Habib Qureshi, being accused in Special LAC./CR.No.170 of 2024, registered with Shivaji Nagar Police Station, for the offence punishable under Section 8(c) read with Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be released on furnishing a solvent surety and a Personal Recognizance (P.R.) bond of ₹70,000/- (Rupees Seventy Thousand Only).
3. The applicant/accused and his surety shall provide their respective residential addresses, mobile numbers, and email addresses, if any.
4. The applicant/accused shall not tamper with evidence or offer any inducement or threat to prosecution witnesses.
5. To ensure the applicant/accused’s presence, he is required to mark his presence at the Shivaji Nagar Police Station every Tuesday and Thursday between 11:00 a.m. and 4:00 p.m. until further orders.
6. Prior to his release, the applicant/accused shall furnish his residential proof and deposit his Passport, if any, with the Investigating Officer, with intimation to the Court.
7. The applicant/accused shall not commit any offence of a similar nature while on bail.
8. Criminal Bail Application No. 661 of 2024 is disposed of accordingly.

This order underscores the significance of the quantity of the narcotic substance in determining the bail eligibility under the NDPS Act. The court’s decision to grant bail in this case hinged on the seized Codeine Phosphate being classified as a non-commercial quantity, thereby bypassing the stricter bail provisions of the Act.