Mumbai, Maharashtra – September 19, 2022 – Hussain Mohd. Ubaid Khan, arrested for possession of codeine-based cough syrup, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. The court, presided over by Special Judge V.V. Patil, granted bail, citing that the quantity of codeine recovered was below the commercial threshold, making the stringent provisions of Section 37 of the NDPS Act inapplicable.
Khan was arrested on August 6, 2022, by the Deonar Police Station in connection with C.R. No. 904/2022, and was charged under Sections 8(c) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was found in possession of 9 bottles of Phensikof Cough Lingtus cough syrup, each containing 10 mg of codeine phosphate.
Background of the Case:
On August 6, 2022, a police patrolling team spotted Khan standing suspiciously with a black sack bag in the Transit Camp Slum, Govandi. Upon searching the bag, they recovered 9 bottles of Phensikof cough syrup containing a total of 900 mg (0.9 grams) of codeine phosphate.
Applicant’s Arguments for Bail:
Ms. Yadav, representing Khan, argued that her client was innocent, a permanent resident of Govandi, and the sole breadwinner of his family. She emphasized that the recovered codeine fell under the non-commercial quantity category, making Section 37 of the NDPS Act inapplicable. She also argued that Khan was ready to abide by any conditions imposed by the court.
Prosecution’s Objections:
Ms. Parmar, representing the State, opposed the bail application, arguing that Khan was found in possession of the contraband while waiting suspiciously for someone. The prosecution expressed concern that Khan might re-offend if granted bail.
Court’s Observations and Decision:
Judge Patil noted that the small quantity for codeine, as per Entry 28 of the NDPS Act schedule, is 10 grams, and the commercial quantity is 1 kilogram (1000 grams). The court observed that Khan was found in possession of 900 mg (0.9 grams) of codeine, which is significantly less than the commercial quantity. Therefore, the stringent provisions of Section 37 of the NDPS Act, which apply to commercial quantities, were not applicable in this case.
The court also considered that Khan was a permanent resident of Govandi, had no criminal antecedents, and was willing to abide by any conditions imposed by the court.
Bail Conditions:
The court granted bail to Khan, subject to the following conditions:
- Khan must furnish a Personal Recognizance (P.R.) bond of Rs. 30,000 with one or two sureties of the same amount.
- He must attend the Deonar Police Station every Monday between 3:00 PM and 5:00 PM until the charge sheet is filed.
- He and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
- He must produce proof of identity and residence at the time of executing the bail bond.
- He must not tamper with prosecution witnesses or evidence and must cooperate with the trial.
- He must not commit similar offenses while on bail.
- The court granted permission for Khan to furnish a provisional cash bail of Rs. 30,000 for a period of eight weeks.
Outcome:
The court’s decision highlights the importance of the quantity of recovered contraband in NDPS cases. The court’s focus on the distinction between commercial and non-commercial quantities, and the inapplicability of Section 37 of the NDPS Act in cases involving non-commercial quantities, played a crucial role in granting bail. The imposed conditions aim to ensure Khan’s cooperation with the legal process and prevent any potential interference with the investigation or trial.