NDPS BA 532/2024
MHCC020033472024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLN. NO. 532 OF 2024
IN
C. R. No. 77/2024
Daniel Khawja @ Chukwue Meku
Daniel Ajah
Age : 30 years Occ : Business
R/at : Mira Road, Dist Thane,
(Presently lodged at Mumbai
Central Prison at Mumbai)
V/s.

… Applicant/accused
The State of Maharashtra
(Through Khar P.Stn. Vide Cr. No.77/2024)
… Respondent
Appearance :Mr. S.S. Bhandary Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM :
DATE :
THE SPECIAL JUDGE
B.Y. PHAD (C.R.44)
04.04.2024
ORDER
The applicant, Daniel Khawja @ Chukwue Meka Daniel
Ajah, has filed the instant application under Section 439 of the Code of
Criminal Procedure, 1973, seeking regular bail in connection with
Crime No. 77/2024 registered under Sections 8(c) and 21 (b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, with Khar Police
Station in Mumbai.

NDPS BA 532/2024
2.

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In short, according to the applicant he has not committed
any crime and he has been falsely implicated in this case. The applicant
allegedly found in possession of 3 grams of Cocaine which is not
category of non commercial quantity and bar u/sec.37 of the NPDS Act
is not applicable. The applicant is ready to abide by all the conditions of
the bail bond. Police have not followed mandatory provision u/sec.42
and Sec.50 of the NPDS Act. Therefore, the applicant may be released
on bail.
3.

The application has been objected by IO by filing reply at
Exh.2. It is contended that on 30.01.2024 information from secret
informer was received and on 30.01.2024 accordingly the trap was
arranged. The applicant was apprehended and in personal search taken
by following provision u/sec.50, he was found possessing contraband of
3 grams Cocaine. The same was seized under panchanama. Accordingly,
the crime has been registered. The applicant did not co-operate in the
investigation and mislead the court. He has no permanent place of
abode in Mumbai. If the applicant is released on bail, he may repeat the
commission of crime. The investigation is yet to be completed.
Therefore, the bail application may be rejected.
4.

Learned Counsel for the applicant submitted that the
applicant has not committed any crime and has been falsely implicated
in this case. The alleged quantity of contraband allegedly recovered
from the applicant is only 3 grams which is 1 gram more than the 2
grams and it is close to a small quantity of Cocaine. The entire
prosecution case is false against the applicant. The applicant has no
criminal antecedents and he is ready to abide by the conditions of the
bail bond.

The provisions of section 37 of the Act would not be
applicable to the facts of the present case. Therefore bail application
may be allowed.

NDPS BA 532/2024
5.

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On the other hand, the learned APP submits that the
applicant has committed serious crime. He is a Foreign National. If the
applicant is released on bail, he may tamper the prosecution evidence
and pressurize witnesses. Therefore, the bail application may be
rejected.
6.

Considering the submissions from both sides and the fact
that the applicant has allegedly found 3 grams of Cocaine slight more
than small quantity and far less than the Commercial quantity. The
applicant has clean antecedent. Therefore in my mind it will be
appropriate to release the applicant on bail under stringent conditions.
Hence, I proceed to pass the following order.
ORDER
1. Bail Application No. 532/2024 is hereby allowed.
2. The applicant/accused Daniel Khawja @ Chukwue Meka Daniel Ajah,
arrested
in Crime No. 77/2024, shall be released on bail upon
executing a personal bond of Rs. Sixty Thousand, along with one or two
solvent surety bond/bonds of the said amount, to ensure his appearance
at all required times during the legal proceedings, subject to the
following conditions:
a. The applicant/accused is directed to report to the Khar Police
Station on every Sunday between 10.00 a.m. to 11.00 a.m., till
filling of the final report without fail.
b. The applicant/accused is prohibited from leaving the jurisdiction
of Mumbai without explicit permission from the investigating
officer or the Court.

-4-
NDPS BA 532/2024
c. The applicant/accused is strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals
directly associated with the case. The applicant/accused shall not
tamper with any evidence or documents related to the case.
d. The applicant/accused must maintain a stable residence at his
current address in Mira Road, Dist Thane, and is required to
inform the court and the investigating officer of any change in his
residential address. The accused shall furnish his active mobile
number to the Investigating Officer and shall also immediately
report any change in his mobile number.
e. The applicant/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicant/accused shall surrender his passport, if any, before
the Investigating Officer within a week and, if he does not possess
any passport, he shall file an affidavit to that effect before the
Investigating Officer.
g. The applicant/accused is prohibited from engaging in activities
that might be related to the offense registered.
h. The applicant/accused must comply with all reasonable directions
made by law enforcement agencies or investigating officers
related to the case.
i.

As
per
para
No.12(1)
of
the
Criminal
Manual,
the
applicant/accused before release on bail shall furnish the list of
three blood relatives with their detail residential addresses and
NDPS BA 532/2024
-5-
also the addresses of their place of work, if any, and shall also
produce documentary proofs showing the correctness of details
produced by him.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.

Date : 04.04.2024
Dictated on
Transcribed on
Checked on
Signed on
: 04.04.2024.
:04.04.2024.
:15.04.2024.
:
Sd/(B.Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
-6-
NDPS BA 532/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
20.04.2024
11.42 a.m.

Name of the Judge
Mr. H.D. Jagtap
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
04.04.2024
Judgment/order uploaded on
20.04.2024
16.04.2024