Mumbai, Maharashtra – April 28, 2022 – Sharif Ahmed Sagir Ahmed Qureshi has been granted bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Special Judge, V.V. Patil, of the NDPS Court for Greater Mumbai, approved Qureshi’s bail application (Bail Application No. 846 of 2022) citing the intermediate quantity of the recovered substance and the absence of the Section 37 bar.

Background of the Case:

Qureshi was arrested on April 8, 2022, and charged under Section 8(c) read with 22(b) of the NDPS Act, 1985.

Allegations and Arrest:

According to the prosecution, officers from the ANC, Kandivali Unit, while on patrol, found Qureshi acting suspiciously near a shop in Malad (E), Mumbai. Upon searching him, they recovered 5 grams of MD (Mephedrone) in seven zip-lock plastic pouches.

Defense Arguments:

Mr. Shinde, representing Qureshi, argued that his client was falsely implicated and victimized. He emphasized that the recovered quantity, 5 grams of MD, fell under the category of intermediate quantity, therefore not attracting the stringent provisions of Section 37 of the NDPS Act. He also highlighted that Qureshi was a permanent resident of Mumbai and not likely to abscond. He stated he was ready to abide by any conditions imposed by the court.

Prosecution’s Counter-Arguments:

Mr. Rajput, the Additional Public Prosecutor (APP), opposed the bail application, stating that the investigation was ongoing to determine the source of the contraband. He argued that Qureshi might commit similar offenses or abscond if released.

Court’s Observations and Decision:

Judge Patil acknowledged that the recovered quantity, 5 grams of MD, fell under the category of intermediate quantity, thus not attracting the stringent provisions of Section 37 of the NDPS Act.

“Now admittedly, the quantity of seized contraband is 5 gms. of MD which falls under category of intermediate quantity and rigors of Sec. 37 of NDPS Act are not attracted,” Judge Patil stated in his order.

The court noted that the recovery was complete and nothing further was to be recovered. It also acknowledged Qureshi’s permanent residency in Mumbai and his willingness to abide by court conditions.

“No purpose would serve by keeping the applicant behind the bars. Further more, as submitted by the applicant, he is permanent resident of Mumbai and he is not likely to abscond and he is ready to abide by any condition imposed by the Court. So far as apprehension of prosecution regarding commission of offence by applicant and his absconding is concerned, that can be taken care of by imposing necessary conditions,” Judge Patil stated.

The court concluded that Qureshi was entitled to bail, with appropriate conditions to address the prosecution’s concerns.

Bail Conditions:

The court granted bail to Qureshi, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 20,000 with one or two sureties of the same amount.
• He must attend the ANC Kandivali Unit office every Friday between 1:00 PM and 4:00 PM until the chargesheet is filed.
• He and his sureties must provide their mobile numbers and correct addresses, along with the names, mobile numbers, and addresses of two relatives.
• He must provide proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence.
• He must not commit similar offenses while on bail.
• He was granted permission to furnish provisional cash bail of Rs. 20,000 for eight weeks.

Significance of the Ruling:

This ruling highlights the court’s consideration of the quantity of the recovered substance and the applicability of Section 37 of the NDPS Act in bail matters. The court’s decision underscores that in cases involving intermediate quantities and where the stringent provisions of Section 37 do not apply, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Intermediate quantity of the recovered substance.
• Absence of the Section 37 bar.
• Qureshi’s permanent residency in Mumbai.
• Completion of the recovery process.
• Conditions to ensure Qureshi’s presence and prevent witness tampering.

Future Proceedings:

The investigation will continue, and the chargesheet will be filed. The trial will then proceed in the NDPS Court. The prosecution will be required to prove the charges against Qureshi beyond a reasonable doubt. The court will monitor Qureshi’s compliance with the bail conditions.