The Gujarat High Court granted regular bail to a woman accused in a narcotics case involving a commercial quantity of mephedrone. The order came after the court weighed the seriousness of the offence against personal circumstances and time already spent in custody
Background of the Case
The case, Pravinbanu Ibrahimbhai Sultan Mamrej Kureshi vs State of Gujarat, arose from an FIR registered at Karanj Police Station in Ahmedabad. The applicant was charged under provisions of the NDPS Act for alleged possession and involvement in trafficking 72 grams of mephedrone-classified as a commercial quantity under the law.
The prosecution argued that the contraband was recovered directly from the applicant. According to the FIR, she was allegedly acting as a carrier, transporting the substance between relatives for a payment of ₹5,000.
Her counsel contended that the charge sheet had already been filed and that continued detention served no purpose. It was also pointed out that other accused persons in the case had already been granted bail.
Justice Nikhil S. Kariel noted the gravity of the offence, observing that the recovery of a commercial quantity of contraband could not be taken lightly.
“The offence being very serious… the applicant was the person from whom the contraband was recovered,” the bench remarked.
The court also expressed reservations about the argument that the applicant was merely a carrier. It observed that this claim was based on her own statement in the FIR and could not be conclusively accepted at this stage.
However, the judge distinguished her role from that of co-accused already released on bail, stating that possession of the contraband placed her in a different position
Despite the serious allegations, the court took into account several mitigating factors. The applicant is a woman with three minor children, one of whom is currently with her in custody.
The court also noted that she had been in judicial custody since June 2024-nearly 22 months-and had no prior criminal record.
Referring to legal principles laid down by the Supreme Court, the bench acknowledged that prolonged incarceration without trial should be avoided where possible.
Balancing the seriousness of the charges with humanitarian considerations, the court held that the case met the conditions required for bail under the NDPS Act.
“The Court is of the opinion that this is a fit case to exercise discretion and enlarge the applicant on regular bail,” the order stated.
The applicant was granted bail on a bond of ₹25,000 with one surety of the same amount. The court imposed several conditions, including restrictions on travel, regular attendance at the police station, and surrender of her passport.
The court also clarified that its observations were preliminary and should not influence the trial proceedings.
Case details
Case Title: Pravinbanu Ibrahimbhai Sultan Mamrej Kureshi vs State of Gujarat
Case Number: R/Criminal Misc. Application No. 8187 of 2026
Judge: Hon’ble Mr. Justice Nikhil S. Kariel
Decision Date: 24 April 2026
