Mumbai, March 21, 2024 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Afridi Billal Khan, accused in a drug possession case. Special Judge B.Y. Phad, presiding over Court Room No. 44, allowed Khan’s bail application (Criminal Bail Application No. 431/2024), citing the non-commercial quantity of the alleged contraband and the applicant’s clean antecedents.

Khan was arrested in connection with C.R. No. 190/2024, registered at Santacruz Police Station, for offenses under sections 8(c) read with 20 and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Allegations and FIR:

According to the prosecution, on February 7, 2024, while on patrol, police found Khan holding a white plastic bag. His suspicious movements led to his apprehension. Upon search, he was allegedly found in possession of 4 grams of MD (mephedrone) and 130 grams of Ganja (cannabis) kept in the plastic bag.

Defense Arguments:

Khan, through his advocate Mr. Sherkhane, argued that he was falsely implicated. He emphasized that the alleged recovery of 4 grams of MD and 130 grams of Ganja fell under the category of non-commercial quantity. He also stated that Khan had clean antecedents and was well-rooted in society. He expressed Khan’s willingness to abide by any bail conditions and furnish a surety.

Prosecution’s Objections:

The prosecution, represented by APP Mr. Shankar Erande, opposed the bail application. They argued that the investigation was ongoing, the offense was serious, and Khan’s release could lead to him committing similar offenses, tampering with evidence, and pressurizing witnesses. They also stated that Khan had no permanent place of abode.

Court’s Analysis and Decision:

Judge Phad, after considering the submissions and the evidence, made the following observations:

• Non-Commercial Quantity: The court acknowledged that the quantity of MD and Ganja allegedly recovered from Khan fell under the non-commercial category.
• Clean Antecedents: The court noted that Khan appeared to have clean antecedents.
• Residency: The court noted that Khan appeared to be a resident of Mumbai, as evidenced by his Aadhaar card.

Judge Phad concluded that it was proper to release Khan on bail, subject to stringent conditions.

Conditions of Bail:

The court granted Khan bail on the following conditions:

• He must execute a personal bond of ₹60,000 and provide one or two solvent sureties of the same amount.
• He must report to Santacruz Police Station every Sunday between 10:00 AM and 11:00 AM until the final report is filed.
• He is prohibited from leaving the jurisdiction of Mumbai without explicit permission.
• He is strictly prohibited from contacting co-accused, witnesses, or anyone associated with the case.
• He must not tamper with evidence.
• He must maintain a stable residence in Santacruz and inform the court and investigating officer of any change in address.
• He must provide his active mobile number to the investigating officer and report any changes.
• He must not interfere with the ongoing investigation.
• He must surrender his passport, if any, or file an affidavit stating he does not possess one.
• He is prohibited from engaging in activities related to the registered offense.
• He must comply with all reasonable directions from law enforcement.
• He must provide a list of three blood relatives with their addresses and places of work, if any, with supporting documentation.

Significance of the Order:

This order highlights the court’s emphasis on:

• The significance of the quantity of contraband in NDPS cases.
• The consideration of the accused’s antecedents.
• The imposition of stringent conditions to ensure compliance and prevent interference with the investigation.

This ruling demonstrates the court’s approach in balancing the severity of NDPS offenses with the individual circumstances of the accused, particularly when non-commercial quantities are involved.