Mumbai, Maharashtra – September 8, 2023 – A Special NDPS Court in Greater Bombay has granted bail to Jahind Iqbal Pathan (also known as Zahid Iqbal Pathan), a 27-year-old resident of Kurla West, Mumbai, who was implicated in a case involving the recovery of Mephedrone (MD). Additional Sessions Judge K.P. Kshirsagar, presiding over the case, allowed Pathan’s bail application (No. 667 of 2023) against a personal bond of ₹50,000 and one surety of the like amount, in an order dated September 2, 2023.

Pathan (Accused No. 2) was booked under Section 8(c) read with Section 21(b) and Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, by the Kurla police station, following the recovery of contraband from co-accused No. 1.

Applicant Argues No Recovery from Him and Intermediate Quantity

Ld. Adv. Mr. Avdesh Kanojiya, representing Pathan, argued that this was his client’s first bail application and no other similar application was pending. He submitted that, according to the prosecution, 8.52 grams of Mephedrone were recovered from the possession of co-accused No. 1 on July 29, 2023. During the investigation, co-accused No. 1 allegedly disclosed that he had procured the contraband from a wanted accused for sale.

Crucially, the defense pointed out that there was no recovery of any contraband from Pathan or at his instance. The quantity recovered from co-accused No. 1 (8.52 grams) was an intermediate quantity under the NDPS Act, and therefore, the stringent conditions for bail under Section 37 of the Act were not applicable. The defense also stated that Pathan was a permanent resident of Mumbai with no prior criminal record and was willing to abide by any conditions imposed by the court.

Prosecution Opposes Bail, Citing Seriousness of Offence and Ongoing Investigation

Ld. APP Mr. P.J. Tarange, representing the prosecution, opposed the bail application. He argued that the alleged offense was serious and that Pathan might continue to commit such offenses if released on bail. The prosecution also stated that the investigation was yet not completed.

Court Emphasizes No Recovery from Applicant and Intermediate Quantity

Additional Sessions Judge Kshirsagar, after perusing the application, prosecution’s reply, and other material on record, noted that Pathan (Accused No. 2) was implicated based on the disclosure of co-accused No. 1. However, the court highlighted that there was no recovery of any contraband from Pathan himself or at his instance.

The court also acknowledged that the 8.52 grams of Mephedrone recovered from co-accused No. 1 constituted a non-commercial and intermediate quantity under the NDPS Act. Consequently, the stringent provisions of Section 37 of the NDPS Act were not applicable in this case.

The court further noted that Pathan had been in custody since July 29, 2023, and there was nothing further to be recovered from him. The prosecution had also not alleged any prior criminal history against Pathan. Based on the material on record, the court found that the investigation concerning Pathan appeared to be almost complete. The court saw no justifiable grounds in the prosecution’s reply that necessitated Pathan’s further detention.

Court Upholds Personal Liberty and Presumption of Innocence

The court reiterated the importance of personal liberty and the presumption of innocence until guilt is proven. It stated that the primary objective of bail is to secure the accused’s attendance at trial and is neither punitive nor preventive. Based on a preliminary assessment, the court found that Pathan had cooperated during the investigation and had undertaken to continue cooperating during the trial. The court believed that Pathan’s presence could be secured even if he was released on bail, and the prosecution’s interests could be safeguarded by imposing certain conditions.

Bail Granted with Conditions

Therefore, the court allowed Pathan’s bail application, subject to the following conditions:

1. Pathan shall be released on executing a personal bond of ₹50,000 with one surety of the like amount.
2. Pathan shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
3. Pathan shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
4. Pathan shall cooperate in the early disposal of the trial.
5. Pathan shall not commit any criminal offense while on bail.
6. Pathan and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.

This order emphasizes the significance of direct recovery of narcotics from an accused and the quantity recovered in determining bail in NDPS cases, particularly in relation to the applicability of Section 37. The court’s decision to grant bail in this case highlights the consideration given to the lack of recovery from Pathan and the intermediate quantity of the contraband recovered from the co-accused.