Mumbai, Maharashtra [India] – [October 20, 2023]: A Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, in Greater Bombay, has rejected the bail application of Kaynaat Sahil Khan, a 24-year-old woman, who is accused in a drug trafficking case along with her husband and several others. The order, passed by Additional Sessions Judge K.P. Kshirsagar (C.R.43), was delivered on October 7, 2023.

Kaynaat Sahil Khan (Accused No. 10) was arrested in connection with C.R. No. 56/2023 registered at Crime Branch, Unit-6, Mumbai (originally C.R. No. 172/2023 at Navghar Police Station). She is facing charges under Sections 420 (cheating), 465 (forgery), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the Indian Penal Code (IPC),¹ as well as Sections 8(c) r/w 22(c) (possession of commercial quantity of narcotic drug or psychotropic substance), Section 20 (punishment for contravention in relation to cannabis), and Section 29 (criminal conspiracy) of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act).

The applicant’s advocate, Mr. Mandaar Goswami, argued that Khan was falsely implicated and was arrested solely based on the statement of co-accused No. 8, Raees Ameen Qureshi. He emphasized that nothing was recovered from her, she is a woman with three children, and a co-accused’s statement is not admissible as evidence. The defense argued that there was no positive material to establish a nexus between Khan and the other accused, and that she was a resident of Mumbai willing to abide by any conditions imposed by the court. They cited several judgments from the Supreme Court and Bombay High Court regarding the principles of bail.

However, the prosecution, represented by Ld. APP Mr. P.J. Tarange, strongly opposed the bail. They detailed the recoveries made on August 16, 2023, from several co-accused who were found in a car. These recoveries included 62 grams of Mephedrone (MD) from co-accused No. 1 (Khan’s husband, Sahil Ramzan Ali Khan), varying quantities of MD and Charas from other co-accused, totaling a commercial quantity of contraband.

The prosecution argued that during the investigation, co-accused disclosed that they had procured the contraband from the applicant and her husband. They alleged that Khan used to sell the contraband with the help of the co-accused and deposit the proceeds in her account. The prosecution asserted that there was positive material on record indicating a nexus and conspiracy between Khan and the co-accused, labeling her as a drug peddler with active involvement. They invoked Section 29 of the NDPS Act, making the stringent conditions of Section 37 of the NDPS Act applicable, which requires the accused to demonstrate that there are reasonable grounds to believe they are not guilty and are unlikely to commit further offences. The prosecution argued that releasing Khan at this stage would hamper the ongoing investigation. They relied on judgments from the Supreme Court and Bombay High Court regarding the interpretation and application of Section 37 of the NDPS Act.

Additional Sessions Judge K.P. Kshirsagar, after reviewing the application and the prosecution’s arguments, sided with the prosecution and rejected the bail application. The court noted the commercial quantity of drugs recovered from the co-accused and the prima facie evidence suggesting Khan’s involvement. The court highlighted the investigation’s findings that Khan allegedly supplied contraband to the co-accused and received money in her account, establishing a prima facie nexus and conspiracy.

The court found substance in the prosecution’s contention that Khan and the co-accused were involved in drug trafficking and that Khan played an active role. Consequently, Section 29 of the NDPS Act was deemed applicable, bringing in the stringent bail conditions of Section 37.

The court concluded that Khan had failed to demonstrate reasonable grounds to believe she was not guilty of the alleged offences. The court stated that merely because nothing was seized from Khan directly did not absolve her, especially given the alleged conspiracy and the recovery of a commercial quantity of drugs from the co-accused. The court found positive material indicating a nexus beyond just the statement of a co-accused.

The court also noted that the investigation was still incomplete and releasing Khan could lead to tampering with witnesses or further involvement in such offences. The court emphasized that a liberal approach to bail in such NDPS Act cases involving commercial quantities was unwarranted and that the release of the accused at this stage could be prejudicial to the interest of society.

Order:

1. NDPS Bail Application No.758/2023 of applicant/accused No.10 Kaynaat Sahil Khan in C.R. No.56/2023 in NDPS RA No.1100/2023 is rejected.
2. NDPS Bail Application No.758/2023 is disposed of accordingly.

The order was pronounced in open court on October 7, 2023, and the certified copy was made available on October 9, 2023.

This case underscores the judiciary’s strict stance against drug trafficking, particularly when commercial quantities are involved. The rejection of bail for Kaynaat Sahil Khan highlights the significance of alleged conspiracy and financial transactions in establishing involvement, even without direct recovery from the accused. The ongoing investigation and the stringent provisions of the NDPS Act continue to be key factors in such bail decisions.