Mumbai, Maharashtra – February 17, 2024 – The Special Judge for NDPS Cases at Greater Mumbai granted bail to Fatema Akram Sayyed, a 42-year-old housewife, in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The court, presided over by Special Judge B.Y. Phad, considered Sayyed’s medical condition, the quantity of the allegedly seized drug, and her status as a woman with a clear antecedent while granting the bail.

Sayyed was arrested in connection with Crime No. 101/2024, registered at Powai Police Station, under Sections 8(c) read with 22(B), 27(A), and 29 of the NDPS Act. According to the prosecution, she was found in possession of 5 grams of MD (Mephedrone), a psychotropic substance, during a raid conducted following the arrest of a co-accused who was found with 10 grams of the same substance. Additionally, Rs. 75,000 in cash was recovered from Sayyed’s purse.

In her bail application, Sayyed, represented by Advocate Shaikh Jumman, claimed she was falsely implicated in the case. She stated that she is a housewife with four children and had recently undergone surgery, requiring ongoing medical care. She explained that the recovered cash was obtained by mortgaging jewelry through her brother-in-law to fund her medical treatment, providing supporting documents.

The prosecution, represented by Additional Public Prosecutor Shankar Erande, opposed the bail, arguing that Sayyed was found in possession of MD and that the investigation was ongoing. They also expressed concern that releasing her would hinder the arrest of a wanted accused, Shoeb Khan @ Shoeb Kanya.

However, the court, after considering the arguments and evidence, granted bail to Sayyed. Key factors influencing the decision included:

• Non-Commercial Quantity: The court noted that the 5 grams of MD allegedly recovered from Sayyed, along with the 10 grams recovered from the co-accused, did not exceed the commercial quantity threshold under the NDPS Act.
• Medical Condition: The court acknowledged Sayyed’s medical documents, confirming her recent surgery and the need for continued medical attention.
• Woman with Clear Antecedent: The court highlighted Sayyed’s status as a woman with a clear criminal record and her apparent strong ties to the community.
• Procedural Concerns: The court also noted that the search of the female defendent was preformed by a WPC Madwan, who was not an authorized individual to conduct such a search.

The court concluded that the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for granting bail in cases involving commercial quantities of drugs, would not apply in this case.

In granting bail, the court imposed the following conditions:

• Sayyed was required to execute a personal bond of Rs. 60,000 and provide one or two solvent sureties of the same amount.
• She must report to Powai Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the filing of the final report.
• She is prohibited from leaving the jurisdiction of Mumbai without permission.
• She must not contact co-accused, witnesses, or anyone related to the case and is prohibited from tampering with evidence.
• She must maintain her current residence and inform the court and investigating officer of any change in address.
• She must provide her active mobile number to the investigating officer and report any changes.
• She must not interfere with the investigation.
• She must surrender her passport or file an affidavit stating she does not possess one.
• She is prohibited from engaging in activities related to the registered offense.
• She must comply with all reasonable directions from law enforcement.
• She must provide the details of three blood relatives to the police.

The court warned that any violation of these conditions would result in the revocation of her bail. This ruling underscores the court’s consideration of individual circumstances, especially medical needs and the quantity of alleged contraband, in NDPS cases.