Mumbai, Maharashtra – May 5, 2022 – Arif Munir Khan, accused of possessing heroin, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. Special Judge V.V. Patil (C.R. No. 44) allowed Bail Application No. 873 of 2022, related to C.R. No. 56 of 2022 registered with DCB CID ANC Bandra Unit.
Khan was arrested on April 12, 2022, and charged under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Case Background:
On April 12, 2022, officers from the ANC Bandra Unit, while on patrol, apprehended Khan near Shastri Nagar, Bandra (W). During a search conducted in the presence of panchas, 7 grams of heroin were recovered from Khan’s possession.
Arguments and Court’s Reasoning:
Khan’s counsel, Adv. Bhandari, argued that the 7 grams of heroin recovered fell under the non-commercial quantity category, thus not attracting the stringent provisions of Section 37 of the NDPS Act. He also contended that Khan was falsely implicated, there was no compliance with Section 50 of the NDPS Act, and Khan was a permanent resident of Mumbai and not likely to abscond.
The prosecution, represented by APP Rajput, opposed the bail, stating that the investigation was ongoing and Khan was involved in the contraband trade. They argued that releasing him would hinder the trial and encourage similar offenses.
The court, after reviewing the records and hearing both sides, noted that the quantity of heroin recovered was non-commercial. “Now, the quantity of contraband recovered from the applicant is non-commercial quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated.
The court also addressed the prosecution’s argument that the investigation was in progress, stating, “However, this is not a ground to deny bail. As stated above, the seized quantity of Heroin seized from the applicant falls under intermediate quantity and rigors of Sec. 37 of NDPS Act are not applicable. Now, already recovery is completed and nothing is remained to be recovered. Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond.”
The court concluded that Khan was ready to abide by any conditions imposed and that keeping him in custody would serve no purpose.
Bail Conditions:
Judge Patil granted bail to Arif Munir Khan on the following conditions:
- Execution of a personal bond of ₹20,000 with one or two sureties of the same amount.
- Attendance at the ANC Bandra Unit office every Friday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
- Submission of mobile numbers and residential addresses of Khan and his sureties, along with the names, mobile numbers, and addresses of two relatives.
- Submission of proof of identity and residence at the time of executing the bail bond.
- Prohibition from tampering with prosecution witnesses or evidence.
- Prohibition from committing similar offenses while on bail.
- Permission to furnish provisional cash bail of ₹20,000 for a period of eight weeks.
The certified copy of the judgment was issued on May 5, 2022. This decision highlights the court’s emphasis on the quantity of the seized drug and the non-applicability of stringent bail conditions under Section 37 of the NDPS Act when the quantity is non-commercial.