Mumbai, November 16, 2022 – Pramod Kalicharan Sharma, a 32-year-old laborer from Madhya Pradesh, has been denied bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Bombay. Sharma was arrested on April 3, 2022, and is accused of possessing a commercial quantity of contraband, specifically Mephedrone (MD) and Double Tiger Heroin.

The case, registered as Special L.A.C. No. 159 of 2022 at the Malwani police station, involves charges under sections 8(c) read with 21(c), 22(B), and 29 of the NDPS Act, 1985.

Details of the Arrest and Allegations

According to the prosecution, on April 23, 2022, police officers on patrol duty observed Sharma and another individual, Mohd. Ismail, acting suspiciously near Surbhi CHS. The officers witnessed them exchanging goods. Upon spotting the police, the two men attempted to flee, concealing carry bags in their pockets.

The police apprehended them, and during a search conducted under Section 50 of the NDPS Act, Sharma was found to be in possession of 5 grams of Mephedrone (MD) and 335 grams of Double Tiger Heroin. Ismail was also found with 5 grams of Mephedrone (MD).

Defense Arguments and Prosecution’s Response

Advocate Shailesh Kharat, representing Sharma, argued that his client was innocent and that the contraband was not seized according to the procedures outlined in Sections 42 and 50 of the NDPS Act. He specifically alleged non-compliance with Section 42, which mandates the recording and forwarding of information to superiors before conducting a search. The defense also pointed to a delay in registering the offense, noting a three-hour gap between the incident and the filing of the FIR.

The defense cited a precedent from the Bombay High Court in Criminal Bail Application No. 2295/2021 (Sholadoye Samuel Joy vs. The State of Maharashtra), arguing that Section 43 of the NDPS Act cannot be considered in isolation and must be read in conjunction with Section 42.

In response, Additional Public Prosecutor (APP) S.S. Panjwani argued that there was proper compliance with Section 43 of the NDPS Act, emphasizing that the recovery was a “chance recovery” without prior information. Therefore, the requirement to record and forward information under Section 42 did not apply. The prosecution asserted that the search was conducted according to Section 50.

The prosecution relied on judgments from the Constitution Bench of the Supreme Court in “State of Punjab vs. Baldev Singh” and “Vijaysinh Chandubha Jadeja vs. State of Gujarat” to support their arguments regarding compliance with Section 50.

Court’s Observations and Decision

H.H. Additional Sessions Judge Shri V.G. Raghuwanshi, presiding over the case, carefully considered the submissions from both sides. The court concluded that the recovery was indeed a “chance recovery” and that there was no prior information available to the police, thus negating the necessity to comply with Section 42.

The court also rejected the defense’s argument regarding non-compliance with Sections 42 and 50 of the NDPS Act. Given that Sharma was found in possession of a commercial quantity of contraband, the court determined that the stringent provisions of Section 37 of the NDPS Act were applicable. This section imposes strict conditions for granting bail in cases involving commercial quantities of narcotics.

“In this case it is clear from facts of this case that this was a chance recovery, there was no prior information to police officers and therefore, there was no question of reducing information into writing,” Judge Raghuwanshi stated in the order.

Consequently, the court found no grounds to exercise discretion in favor of the applicant and rejected the bail application.

Implications and Public Reaction

The denial of bail highlights the stringent approach taken by the courts in cases involving commercial quantities of narcotics under the NDPS Act. The decision underscores the importance of adhering to procedural requirements while emphasizing the severity of drug-related offenses.

This case also brings attention to the ongoing efforts by law enforcement to combat drug trafficking in Mumbai. The seizure of Mephedrone and Heroin, particularly in commercial quantities, underscores the persistent challenges faced by authorities in curbing the drug trade.