Mumbai, Maharashtra – June 8, 2022 – Anuj Ajay Saxena, accused in a cocaine possession case, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Greater Bombay. Additional Sessions Judge V.G. Raghuwanshi (C.R. 43) allowed Criminal Bail Application No. 1159 of 2022, related to NCB/MZU/C.R. No. 13 of 2022.

Saxena was arrested on May 7, 2022, after 10 grams of cocaine were allegedly found in a parcel addressed to him during a trap set by the Narcotics Control Bureau (NCB) Mumbai Zonal Unit.

Case Background:

The NCB intercepted a parcel addressed to Saxena containing 10 grams of cocaine. Saxena was arrested while taking delivery of the parcel.

Arguments and Court’s Reasoning:

Saxena’s counsel argued that the quantity of cocaine seized was non-commercial, therefore Section 37 of the NDPS Act, which imposes stringent bail conditions, did not apply. He also argued that statements recorded under Section 67 of the NDPS Act were inadmissible as evidence, citing Tofan Singh vs. State of Tamil Nadu.

The defense further contended that the cocaine was found in the waistband of a pair of jeans delivered in a sealed packet by a courier company. They argued that there was no evidence to suggest Saxena was consciously aware of the presence of the contraband, referencing Mohan Lal vs. State of Rajasthan to support the argument that possession requires both physical control and conscious knowledge.

Saxena’s counsel also highlighted that he was an educated individual from a reputable family who had lost his job during the COVID-19 pandemic and was suffering from mental illness. They emphasized that he was not likely to commit any further offenses and was a permanent resident of Mumbai with deep roots in the community, ensuring he would not abscond.

The prosecution opposed the bail, but the court found merit in the defense’s arguments.

“In this case applicant was not found in possession of commercial quantity of Cocaine. The quantity of contraband seized from the applicant/accused was only 10 grams. NCB was granted custody of applicant/accused for investigation of this offence. At present the applicant/accused is in judicial custody. Therefore, NCB doesn’t need custody of the applicant/accused for further investigation,” Judge Raghuwanshi stated.

The court also considered the principle laid down in Union of India vs. Rattan Mallik, stating that it was not required to find the accused not guilty but only to determine if there were reasonable grounds to believe he was not guilty.

“At this stage the allegations against the applicant/accused are not proved. Applicant/accused is ready to abide by all conditions and he undertakes not to flew away from the course of justice. In such circumstances, this is a fit case to exercise discretion in favour of applicant,” Judge Raghuwanshi concluded.

Bail Conditions:

Judge Raghuwanshi granted bail to Anuj Ajay Saxena on the following conditions:

• Execution of a personal bond of ₹25,000 with one or more solvent sureties of the same amount.
• Prohibition from engaging in any activity that could hamper the investigation.
• Regular appearance before the trial court.
• Prohibition from tampering with prosecution evidence.
• Appearance before the investigating officer once a week until the filing of the charge sheet.

The certified copy of the judgment was issued on June 8, 2022. This decision highlights the court’s consideration of the non-commercial quantity of the seized drug, the lack of evidence of conscious possession, and the personal circumstances of the accused when granting bail in an NDPS case.