Mumbai, August 3, 2022 – Dastagir Mohammad Ali Sayyad’s bail application has been rejected by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay. Additional Sessions Judge V.G. Raghuwanshi denied bail, citing the seizure of a commercial quantity of contraband, which triggers the stringent conditions of Section 37 of the NDPS Act.

Sayyad, 23, was arrested in connection with Crime No. 579/2022, registered at Tilak Nagar Police Station. He was charged with an offense punishable under Section 8(c) read with Section 22 of the NDPS Act, 1985.

The Allegations and Prosecution’s Case

The prosecution alleged that Sayyad was found in possession of 83 bottles of Chlorpheniramine Maleate and Codeine Phosphate syrup, with each bottle containing 100 ml of syrup. This quantity was considered a commercial quantity under the NDPS Act.

Defense Arguments and Court’s Observations

Sayyad’s defense argued that he was falsely implicated and that the seized substance, Phensirest, is a common cough syrup available in the open market. They further argued that Codeine, as mentioned in the seized substance, is different from Codeine Phosphate and that the concentration of Codeine Phosphate was within the permissible limit notified by the Central Government.

However, the court noted that:

• 83 bottles of Chlorpheniramine Maleate and Codeine Phosphate syrup, each containing 100 ml, were seized from Sayyad.
• This quantity constitutes a commercial quantity of contraband under the NDPS Act.
• The seizure of a commercial quantity triggers the application of Section 37 of the NDPS Act, which imposes stringent conditions for granting bail.

Reasons for Denying Bail

The court denied bail because:

• A commercial quantity of contraband was seized from Sayyad.
• Section 37 of the NDPS Act applies, which sets strict conditions for bail.
• Sayyad failed to make out a case for grant of bail, as required by section 37 of the NDPS act.
• Therefore the court could not exercise discretion in favour of the applicant.

Implications and Future Proceedings

The denial of bail underscores the strict enforcement of the NDPS Act, particularly in cases involving commercial quantities of contraband. Section 37 of the Act places a heavy burden on the accused to demonstrate that there are reasonable grounds to believe they are not guilty and that they are unlikely to commit any offense while on bail. The case will proceed with further investigation and trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts strict adherence to the provisions of the NDPS act.