Mumbai, January 25, 2024: In a significant development, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Mumbai granted bail to Abdulla Mohammad Salim Malik, a 33-year-old resident of Antop Hill, who was arrested in connection with a case registered under the NDPS Act. The case, filed at Vile Parle Police Station under C.R. No. 901/2023, pertained to the alleged possession of 5 grams of Mephedrone (MD), a synthetic drug.
Case Background
The case dates back to December 25, 2023, when the police apprehended Malik and recovered 5 grams of Mephedrone from his possession. Following his arrest, he was booked under Section 8(c) read with Section 22(b) of the NDPS Act, 1985. These provisions deal with the possession and illegal trade of psychotropic substances.
Subsequently, Malik moved the court seeking bail under Section 439 of the Code of Criminal Procedure, 1973. His counsel, Advocate Gorakh Liman, argued that Malik was falsely implicated in the case and that the quantity of drugs recovered was intermediate, not commercial. Thus, the stringent conditions of Section 37 of the NDPS Act, which restrict bail for offenses involving commercial quantities, were not applicable.
Arguments by the Defense
During the bail hearing, Advocate Liman contended that:
- The seized quantity was intermediate, not commercial, making the bail provisions less stringent.
- The accused had no prior criminal record.
- Malik had been in custody since December 25, 2023, and no further recovery was required from him.
- He was a permanent resident of Mumbai and was willing to abide by all conditions imposed by the court.
- The purpose of bail is to ensure the presence of the accused at trial, not to serve as punishment before conviction.
Prosecution’s Stand
Opposing the bail plea, the Assistant Public Prosecutor (APP) argued that:
- The accused was found in possession of an illicit substance.
- Investigation was still ongoing, and Malik had not fully cooperated.
- His release at this stage could hamper the probe.
- There was a potential risk of tampering with evidence and influencing witnesses.
Court’s Observations and Verdict
After hearing both sides, Special NDPS Judge K.P. Kshirsagar observed that:
- The contraband quantity recovered was intermediate and not commercial, thus Section 37 of the NDPS Act was not applicable.
- Malik had no previous criminal antecedents and was a resident of Mumbai.
- He had already spent a month in custody, and further detention was unnecessary.
- The object of bail is to secure the attendance of the accused at trial, and not to detain him indefinitely.
Consequently, the court granted Malik bail on the following conditions:
- He must furnish a personal bond of Rs. 50,000 with one or more sureties of the same amount.
- He must cooperate with the investigation and appear before the Investigating Officer whenever required.
- He must not tamper with evidence or influence prosecution witnesses.
- He must not commit any offense while on bail.
- He and his surety must provide their contact details and proof of residence.
Legal and Social Implications
This ruling underscores the importance of judicial discretion in NDPS cases, particularly where non-commercial quantities of drugs are involved. Legal experts note that while drug-related offenses are serious, the judiciary must balance strict enforcement with individual rights, ensuring that justice is not punitive but fair.
With Malik’s release, the focus now shifts to the continuation of the trial and the outcome of the larger investigation into drug-related activities in Mumbai. Law enforcement authorities maintain that their crackdown on narcotics will persist, reinforcing efforts to curb drug abuse and trafficking in the city.
Conclusion
The case serves as a reminder of the nuances within the NDPS Act and the need for a fair judicial process. While the war on drugs remains a priority for law enforcement, ensuring that legal provisions are applied equitably is equally crucial. The trial proceedings in this case will determine Malik’s ultimate fate, but for now, he walks free on bail, awaiting further legal scrutiny.
Stay tuned for more updates on this case and other legal developments in Mumbai.
