A special court handling cases for the National Investigation Agency (NIA) in Ahmedabad has firmly rejected a temporary bail plea from a man accused in a massive 500-kilogram heroin smuggling operation. The accused, Manzoor Ahmed Mir, had sought a 30-day release from prison to personally convince his wife to withdraw a divorce petition she filed after his arrest.
The Bail Plea and Its Grounds
Manzoor Ahmed Mir, a resident of Jammu and Kashmir, filed an application requesting temporary bail for a period of one month. In his plea, he submitted that since he was unable to provide for his wife due to his prolonged incarceration, she had filed for divorce. Mir stated his desire to be released to meet her and persuade her to retract the divorce proceedings.
He also maintained his innocence in the drug case, claiming he is a trader dealing in fruits, vegetables, carpets, and shawls, and had no connection to the illicit consignment.
NIA's Strong Opposition and Police Verification
The NIA, which is investigating the case, strongly opposed the bail application. The agency informed the court that Mir had raised the same grounds regarding his wife's divorce petition in an earlier bail plea in October, which was also rejected by the court.
When this fresh plea was filed, the court ordered a police verification. The report from the Beerwah police station in Jammu and Kashmir confirmed that Mir's wife had indeed left the matrimonial home following his arrest. The NIA argued that Mir could contest the divorce petition through alternative means, such as video conference or through family members like his mother, maternal uncle, or sisters.
The probe agency emphasized the serious nature of the offence and objected to the demand for release solely for marital reconciliation.
Court's Ruling Based on Stringent NDPS Act
After hearing arguments from both sides, the special NIA court delivered its verdict, giving paramount importance to the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The court specifically cited Section 37 of the NDPS Act, which imposes strict conditions for granting bail in cases involving commercial quantities of drugs. The judge noted that the twin conditions under this section were not met.
The court stated, "Taking into consideration the provisions of Section 37 of the NDPS Act and more particularly two conditions mentioned therein, the applicant cannot be granted temporary bail even for a day." It concluded that there were no sufficient grounds to consider the application and thus rejected it.
Background of the Case
The case dates back to October 2018, when the Gujarat Anti-Terrorist Squad (ATS) arrested Manzoor Ahmed Mir and several others. The arrest was connected to the seizure of a colossal 500 kilograms of heroin, which was allegedly smuggled from Pakistan to India via the sea route.
The narcotics were delivered to an Indian vessel named "Nagani Mustufa" in Indian maritime waters. Given the scale of the seizure and the suspected widespread network of the traffickers, the NIA later took over the investigation.
Mir has been in prison since his arrest over five years ago, with all courts, including this special NIA court, having refused him regular bail on multiple occasions, underscoring the gravity with which the judiciary views the case.
