Mumbai, May 19, 2022 – The Special Judge V.V. Patil, presiding over NDPS cases at Greater Mumbai, granted bail to Sonu Prem Dogra, Rahul Shivratan Vishwakarma, and Mohammad Arif Bashir Khan, who were arrested for possession of cocaine. The court cited the non-commercial quantity of the recovered contraband and the lack of evidence to support allegations of conspiracy and financing of illicit trafficking as reasons for granting bail.

The applicants were arrested in connection with Crime No. 316/2022, registered at Dindoshi Police Station, for offenses under Sections 8(c) read with 21(b), 27A, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution, on March 31, 2022, Dogra and Vishwakarma were apprehended while allegedly selling drugs, and 9 grams of cocaine were recovered from each of them. On April 1, 2022, Khan was arrested, and 14 grams of cocaine and Rs. 51,750 in cash were recovered from him.

The applicants, through their advocate Mr. Bhandari, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that they were falsely implicated, the recovered contraband was of non-commercial quantity, and Section 37 of the NDPS Act was not applicable.

The prosecution, represented by Additional Public Prosecutor (APP) Geeta Nayyer, opposed the bail, arguing that the total recovered cocaine was 32 grams, the cash recovered from Khan indicated financing of illicit trafficking, and the accused had conspired together. They argued that Sections 27A and 29 of the NDPS Act were applicable, making Section 37 applicable, and that the accused might abscond or commit similar offenses if released.

Judge Patil, after hearing both sides and perusing the record, noted that the contraband seized from each accused fell under the non-commercial quantity category.

“Now, admittedly the contraband seized from all the accused falls under category of non-commercial quantity. Hence stringent provisions of sec. 37 of NDPS Act are not applicable. Though prosecution invoked sec. 27-A & 29 of NDPS Act, at this stage, there is no material placed on record by the prosecution to show that the accused hatched conspiracy with each other in commission of offence and that they are involved in financing of illicit trafficking. Merely because amount of Rs. 51,750/- has been recovered, from the accused no.3, provisions of sec. 27-A cannot be attracted. Hence rigors of sec. 37 of NDPS Act would not apply.” Said Judge Patil.

The court also observed that there was no material on record to support the allegations of conspiracy or financing of illicit trafficking.

“Furthermore, recovery is completed and nothing is remained to be recovered. As submitted by accused they are ready to abide by any condition imposed by the Court. There are no criminal antecedents to the discredit of the applicants. No purpose would be served by keeping the applicants behind the bars. Hence I hold that application deserves to be allowed.” Said Judge Patil.

Consequently, the court granted bail to the applicants, ordering each of them to execute a personal bond of Rs. 30,000 with one or two sureties of the same amount. The court also imposed the following conditions:

• The applicants must attend Dindoshi Police Station every Thursday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• The applicants and their sureties must provide their mobile numbers and addresses, along with the names, mobile numbers, and addresses of two relatives.
• The applicants must provide proof of identity and residence at the time of executing the bail bond.
• The applicants must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• The applicants must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 30,000 each was allowed for eight weeks.

“Applicants/accused Sonu Prem Dogra, Rahul Shivratan Vishwakarma @ Rahul Kumar Vishwakarma and Mohammad Arif Bashir Khan be released in C.R. No. 316/2022 of Dindoshi Police Station on executing P. R. Bond of Rs.30,000/- (Rs. Thirty Thousand only) each with one or two sureties in the like amount. Applicants/accused to attend the Dindoshi Police Station on every Thursday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet. Applicants/accused and their sureties shall provide their respective mobile numbers and correct address of residence alongwith names of two relatives with their mobile numbers and addresses. Applicants/accused shall produce the proof of their identity and proof of residence at the time of executing the bail bond. Applicants/accused shall not tamper with prosecution witnesses/ evidence in any manner and co-operate in early disposal of trial. Applicants/accused shall not commit similar offence while on bail. Ld. Advocate for applicants/accused prayed for allowing provisional cash bail for period of eight weeks. Hence, permission granted to furnish provisional cash bail of Rs. 30,000/- each for period of eight weeks.” Judge Patil ordered.

The order was dictated, transcribed, and signed on May 19, 2022, and uploaded on May 20, 2022, as certified by stenographer S.W. Tuscano.

This ruling highlights the judiciary’s approach in considering the quantity of contraband and the evidence supporting allegations of conspiracy and financing of illicit trafficking when deciding bail applications in NDPS cases. It also underscores the importance of adhering to the provisions of Section 37 of the NDPS Act and ensuring that there is sufficient material on record to invoke its stringent provisions.