Mumbai, Maharashtra – September 14, 2023 – A Special NDPS Court in Greater Bombay has granted bail to Abdul Afsar Salam Khan, a 45-year-old resident of Ghatkopar (West), Mumbai, who was arrested for possession of 10 grams of Mephedrone (MD). Additional Sessions Judge K.P. Kshirsagar, presiding over the case, allowed Khan’s bail application (No. 693 of 2023) against a personal bond of ₹50,000 and one surety of the like amount, in an order dated September 13, 2023.
Khan was arrested on August 7, 2023, and charged under Section 8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, by the Ghatkopar police station.
Applicant Argues Intermediate Quantity and No Prior Criminal Record
Ld. Adv. Mr. Gorakh Liman, representing Khan, argued that this was his client’s first bail application and no other similar application was pending. He submitted that the 10 grams of Mephedrone recovered from Khan constituted an “intermediate quantity” under the NDPS Act, and therefore, the stringent conditions for bail under Section 37 of the Act were not applicable.
The defense further highlighted that Khan was a permanent resident of Mumbai with no prior criminal record. It was also pointed out that he had been in custody since his arrest on August 7, 2023, and was willing to abide by all conditions imposed by the court.
Prosecution Opposes Bail, Citing Seriousness of Offence and Ongoing Investigation
Ld. APP Mr. Rajput, representing the prosecution, opposed the bail application. He argued that the alleged offense was serious and that Khan might continue to commit such offenses if released on bail. The prosecution also stated that the investigation was yet to be completed.
Court Emphasizes Intermediate Quantity, Completed Investigation, and No Criminal Antecedents
Additional Sessions Judge Kshirsagar, after perusing the application, prosecution’s reply, and other material on record, noted that the quantity of Mephedrone recovered from Khan was indeed non-commercial and fell under the intermediate quantity category. Consequently, the stringent provisions of Section 37 of the NDPS Act were not applicable in this case.
The court also observed that Khan had been in custody since August 7, 2023, and there appeared to be nothing further to be recovered from him. Furthermore, it was noted that Khan had no prior criminal record. The court stated that based on the material on record, the investigation concerning Khan appeared to be almost complete. The court found no justifiable grounds in the prosecution’s reply that necessitated Khan’s further detention.
Court Upholds Personal Liberty and Presumption of Innocence
The court emphasized the fundamental right to personal liberty and the presumption of innocence until guilt is proven. It stated that the primary objective of bail is to secure the accused’s attendance at trial and is neither punitive nor preventive. Based on a preliminary assessment of the material, the court found that Khan had cooperated during the investigation and had undertaken to continue cooperating during the trial. The court believed that Khan’s presence could be secured even if he was released on bail.
The court also noted that the prosecution’s interests could be safeguarded by imposing certain conditions on the bail. Considering the nature and gravity of the offense, Khan’s age and lack of antecedents, and the preliminary assessment of the evidence, the court concluded that releasing Khan on bail at this stage was not likely to be prejudicial to a fair investigation or the interests of society.
Bail Granted with Conditions
Therefore, the court allowed Khan’s bail application, subject to the following conditions:
- Khan shall be released on executing a personal bond of ₹50,000 with one surety of the like amount.
- Khan shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
- Khan shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
- Khan shall cooperate in the early disposal of the trial.
- Khan shall not commit any criminal offense while on bail.
- Khan and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.
This order underscores the importance of the quantity of the seized narcotic substance in determining the applicability of the stringent bail conditions under the NDPS Act. The court’s decision to grant bail in this case highlights the consideration given to the intermediate quantity, the completion of the investigation, and the lack of prior criminal history of the accused.