Mumbai, Maharashtra – March 1, 2024 – Ikrar Mohammed Hanif Rashbare, a 44-year-old resident of Virar, Palghar, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in connection with a case involving the alleged possession of ganja (cannabis).

Background of the Case:

Rashbare was arrested and charged under Sections 8(c) read with 20(b) and 29 of the NDPS Act, 1985, following his arrest in Crime No. 199/2024 registered at the Bandra Police Station. The prosecution alleged that he was found in possession of 600 grams of ganja during a patrol on February 4, 2024.

Arguments Presented:

Rashbare, through his advocate Husen Shaikh, argued that he was falsely implicated in the case and had not committed any crime. He stated that nothing incriminating was found during the search of his house. He also claimed that the police had not complied with the necessary provisions of Sections 42 and 50 of the NDPS Act. He emphasized that the quantity of ganja recovered was not of commercial quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act did not apply. He stated that he had deep roots in society and was willing to furnish surety and abide by all conditions imposed by the court. He also claimed he had a clean record.

The prosecution, represented by Additional Public Prosecutor (APP) Shankar Erande, opposed the bail application. They argued that Rashbare had committed a serious crime and expressed concerns that if released on bail, he might abscond, tamper with evidence, or pressure witnesses.

Court’s Decision and Rationale:

Special Judge B.Y. Phad, after considering the arguments and reviewing the case records, granted bail to Rashbare. The court noted that the quantity of ganja recovered was not of commercial quantity under the NDPS Act. The court also acknowledged Rashbare’s claim of being well-rooted in society and having no prior criminal record.

The court concluded that it was proper to release Rashbare on bail.

Bail Conditions Imposed:

The court granted bail to Ikrar Mohammed Hanif Rashbare upon furnishing a personal bond of Rs. 60,000 and one or two solvent sureties of the same amount. The following conditions were imposed:

• Police Reporting: Rashbare must report to the Bandra Police Station every Sunday between 10:00 AM and 11:00 AM until the filing of the final report.
• Travel Restrictions: He is prohibited from leaving the jurisdiction of Mumbai without explicit permission from the investigating officer or the court.
• No Contact with Witnesses/Co-accused: He is strictly prohibited from making any contact with co-accused, witnesses, or any individuals directly associated with the case. He must not tamper with any evidence or documents related to the case.
• Residence and Contact Information: He must maintain a stable residence at his current address in Virar, Palghar, and inform the court and investigating officer of any change. He must furnish his active mobile numbers to the investigating officer and report any change.
• Cooperation with Investigation: He must not interfere with the ongoing investigation and must comply fully with law enforcement.
• Passport Surrender/Affidavit: He must surrender his passport, if any, to the investigating officer within a week. If he does not possess a passport, he must file an affidavit to that effect.
• Prohibition of Similar Activities: He is prohibited from engaging in activities that might be related to the registered offense.
• Compliance with Law Enforcement: He must comply with all reasonable directions from law enforcement agencies or investigating officers.
• Blood Relative Information: As per the Criminal Manual, he must furnish the list of three blood relatives with their residential addresses and work addresses (if any), along with documentary proof.
• Bail Cancellation: Failure to adhere to any of these conditions will result in the immediate revocation of bail.

Significance of the Decision:

This decision highlights the court’s consideration of the quantity of the contraband, the accused’s background, and the lack of prior criminal convictions when deciding on bail applications under the NDPS Act. The court’s emphasis on the non-commercial quantity and Rashbare’s clean record demonstrates a nuanced approach to bail decisions in drug-related cases. This case further shows the courts consideration of the difference between commercial and non commercial quantities when considering bail.