Mumbai, Maharashtra – July 4, 2022 – The Special Court for NDPS Cases in Greater Mumbai has denied bail to Mehboob Aftab Khan, accused of possessing a commercial quantity of Codeine Phosphate. Special Judge V.V. Patil (C.R. No. 44) rejected Criminal Bail Application No. 987 of 2022, related to C.R. No. 22 of 2022 registered with Dongri Police Station.

Mehboob Aftab Khan, 29, was arrested and charged under Sections 8(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Case Background:

On April 15, 2022, police officers on patrol found a taxi with two individuals in a suspicious condition near Ganesh Mandir, Dongri, Mumbai. They recovered 22 boxes containing 3,168 bottles of Chlorpheniramine malate and Codeine Phosphate syrup. Subsequently, during the investigation, the accused disclosed that a significant quantity of similar material was stored in a godown at V Transport, Keshavji Naik Road. A raid on the godown led to the recovery of 7,200 bottles of Codeine Phosphate.

Accused no. 1 and 2 also informed the police that Mehboob Khan (the present applicant) would come to the godown to inquire about the contraband on April 21, 2022. A trap was laid, and when Khan arrived, 4,320 bottles of Codeine Phosphate were recovered from the godown.

Arguments and Court’s Reasoning:

Khan’s counsel, Adv. Kiran, argued that his client was falsely implicated and that nothing incriminating was recovered from his possession. He contended that Khan’s name was not in the initial information, and the recovery made based on his statement was not attributable to him. He asserted that Khan was neither the owner nor the supplier of the contraband and was a permanent resident of Mumbai who would not abscond.

The prosecution, represented by APP Rajput, strongly opposed the bail, stating that a commercial quantity of Codeine Phosphate was recovered, attracting the stringent provisions of Section 37 of the NDPS Act. They argued that Khan was involved in the illegal sale, purchase, and transport of the contraband and was likely to commit similar offenses or abscond if released.

The court, after reviewing the application and hearing both sides, noted that 3,168 bottles were initially recovered from accused no. 1 and 2, followed by the recovery of 7,200 bottles from the V Transport godown based on their statements. “Further on the statement of accused no.1 & 2, 7200 bottles of Codeine Phosphate came to be recovered from V Transport godown situated at Keshavji Naik Road on 20.4.2022,” Judge Patil stated.

The court also highlighted the recovery of 4,320 bottles of Codeine Phosphate based on Khan’s memorandum statement. “Accordingly trap was laid at the spot and present applicant was apprehended when he came to the godown and 4320 bottles containing Codeine Phosphate were seized on the basis of memorandum statement given by present applicant,” Judge Patil noted.

The court rejected Khan’s argument that nothing was recovered from him, stating that a commercial quantity of contraband was recovered at his instance. “Thus, it can be gathered that commercial quantity of contraband has been recovered at the instance of the present applicant. Therefore, I do not find substance in the submission made on behalf of the applicant that nothing has been recovered from him,” Judge Patil concluded.

The court also noted that Khan could not provide a valid explanation for possessing such a large quantity of Codeine Phosphate or produce any legitimate documents. “Applicant could not offer explanation for possessing such stock of bottles containing Codeine Phosphate. He could not produce valid receipts or documents for possessing the said bottles,” Judge Patil stated.

The court concluded that there were reasonable grounds to believe that Khan was involved in the offense and that the stringent provisions of Section 37 of the NDPS Act were applicable. “Therefore, prima-facie there is substance in the case of the prosecution that applicant is involved in illegal business of sale and purchase of Codeine Phosphate bottles. Moreover, commercial quantity of Codeine Phosphate bottles has been recovered from the applicant. Hence rigors u/sec. 37 of NDPS Act are attracted,” Judge Patil concluded.

Decision:

Judge Patil rejected the bail application, citing the recovery of a commercial quantity of Codeine Phosphate at Khan’s instance and the applicability of the stringent provisions of Section 37 of the NDPS Act. The certified copy of the judgment was issued on July 4, 2022. This decision underscores the court’s consideration of the quantity of the contraband and the applicability of stringent bail conditions under the NDPS Act.