Mumbai, April 3, 2024 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Arshad Inamulhaq 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. 367/2024), citing the non-commercial quantity of the alleged contraband and the applicant’s clean antecedents.

Khan was arrested in connection with C.R. No. 54/2024, registered at Trombay Police Station, for offenses under sections 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Allegations and FIR:

According to the prosecution, while on patrol, police found Khan sitting in a suspicious condition and waiting for someone. He attempted to flee, but was apprehended. Upon search, he was allegedly found in possession of 25 grams of MD (mephedrone).

Defense Arguments:

Khan, through his advocate Mr. Meshram, argued that he was falsely implicated. He emphasized that the alleged recovery of 25 grams of MD fell under the category of non-commercial quantity, making the stringent provisions of Section 37 of the NDPS Act inapplicable. He also stated that Khan had clean antecedents and was well-rooted in society. He expressed Khan’s willingness to furnish a surety and abide by any bail conditions.

Prosecution’s Objections:

The prosecution, represented by APP Mr. Shankar Erande, opposed the bail application. They argued that the investigation was ongoing to determine the source of the contraband. They claimed that Khan’s release could lead to him committing similar offenses, absconding, pressurizing witnesses, and tampering with evidence. They also stated that Khan had a criminal antecedent.

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 allegedly recovered from Khan (25 grams) fell under the non-commercial category.
• Inapplicability of Section 37: The court noted that because the quantity was non-commercial, the stringent provisions of Section 37 of the NDPS Act did not apply.
• Clean Antecedents: The court found that Khan had clean antecedents.
• Social Roots: The court observed that Khan appeared to be well-rooted in society.

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 Trombay 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 Mankhurd 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 and its impact on the applicability of Section 37.
• 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 and the accused has clean antecedents.