Greater Bombay, December 23, 2024 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by H.H. the Special Judge (NDPS) S. E. Bangar, has granted bail to Mohsin Khatib Khan, a 36-year-old resident of Govandi, Mumbai, who was arrested in connection with the possession of 6.17 grams of Mephedrone (MD). The bail was granted vide order dated December 12, 2024, in BA.No.947/2024 arising out of NDPS Remand Application No.1333 of 2024, linked to CR.No.797/2024 registered at the Shivaji Nagar Police Station.

The order, officially signed and uploaded on December 23, 2024, concludes a legal proceeding that commenced with the presentation and registration of the Bail Application on November 21, 2024. The court deliberated for a duration of 21 days before arriving at its decision.

Background of the Case:

Mohsin Khatib Khan was apprehended by the Shivaji Nagar Police and charged under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 6.17 grams of Mephedrone. According to the NDPS Act, this quantity falls under the category of “intermediate quantity,” which carries less stringent penalties compared to commercial quantities.

Arguments Presented:

During the hearing, Advocate Shri Asif Shaikh, representing the applicant, argued that his client had been falsely implicated in the case. He emphasized that the quantity of the seized contraband was intermediate and highlighted the fact that the co-accused involved in the same case had already been released on bail. The applicant assured the court of his full cooperation with the ongoing investigation and pledged to abide by any conditions imposed upon his release.

Conversely, the prosecution, represented by Ld. APP Mrs. Sulbha Joshi, vehemently opposed the bail application. The prosecution contended that the applicant was directly involved in the illicit drug trade and argued that his release could potentially jeopardize the ongoing investigation, particularly concerning the larger drug network and the apprehension of remaining co-accused. They also raised concerns about the possibility of the applicant tampering with evidence.

Legal Principles Considered by the Court:

The Special Judge meticulously considered several key legal principles in arriving at the decision:

• Intermediate Quantity: The court acknowledged that the seized quantity of 6.17 grams of Mephedrone fell under the “intermediate quantity” as defined by the NDPS Act. This distinction is crucial as it exempts the case from the stringent provisions of Section 37 of the Act, which imposes stricter conditions for granting bail in cases involving commercial quantities.
• Principles Governing Bail: The court referred to the landmark judgment of the Supreme Court in State of Kerala vs. Rajesh (2020) 12 SCC 122, which outlines the primary considerations for granting bail. These include the likelihood of the accused not being guilty and the probability of the accused not committing further offenses if released.
• Parity with Co-Accused: The principle of parity, as highlighted in Sanjay Chandra vs. CBI [(2012) 1 SCC 40], was also a significant factor. The Supreme Court has emphasized that when co-accused, similarly placed, have already been granted bail, the same relief should generally be extended to other accused unless there are compelling distinguishing factors. In this case, the court noted the absence of such distinguishing factors.
• Presumption of Innocence: The fundamental principle of the presumption of innocence, balanced against societal interests, as reiterated in Union of India vs. K.A. Najeeb (2021) 3 SCC 713, was also considered.
• Compliance with Procedural Safeguards: The court noted the defense’s contention regarding potential non-compliance with the mandatory procedural safeguards under Section 50 of the NDPS Act, as established in State of Punjab vs. Baldev Singh (1999) 6 SCC 172. However, this aspect was left for evaluation during the trial.

Analysis and Conclusion of the Court:

After a thorough examination of the facts, submissions, and relevant legal precedents, the Special Judge concluded that granting bail to the applicant was warranted. The court reasoned as follows:

1. Intermediate Quantity: The seized contraband being of intermediate quantity meant that the stricter bail conditions under Section 37 of the NDPS Act were not applicable.
2. Parity with Co-Accused: The fact that the co-accused in the same case had already been granted bail weighed heavily in favor of the applicant, as no significant distinguishing factors were presented.
3. Pending Investigation: While acknowledging the ongoing investigation, including the chemical analysis of the seized substance and the pursuit of other accused, the court noted that the applicant had been in custody since November 11, 2024. The court deemed continued incarceration for an intermediate quantity of contraband as disproportionate at this stage.
4. Risk Mitigation: The court observed that the applicant is a permanent resident of Mumbai, indicating a low flight risk. It further stated that suitable conditions could be imposed to mitigate any potential risks of tampering with evidence or re-offending.

Considering these factors, the court was inclined to grant bail to Mohsin Khatib Khan, subject to stringent conditions aimed at ensuring fairness in the investigation and preventing any misuse of liberty.

Order of the Court:

Consequently, the Special Judge passed the following order:

1. Bail Application (NDPS) No.947 of 2024 in NDPS Remand Application No.1333 of 2024 is allowed and disposed of.
2. Applicant/Accused Mohsin Khatib Khan is to be released on bail upon executing a personal bond of ₹50,000/- (Rupees Fifty Thousand) with one surety of a like amount in connection with CR.No.797 of 2024 of Shivaji Nagar Police Station, Mumbai, for offences punishable under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The applicant/accused is directed to furnish proofs of his photo identity, permanent and local residential addresses, and telephonic contact details to the Investigating Officer and before the Court.
4. The applicant/accused is mandated to attend the Shivaji Nagar Police Station every Tuesday between 10:00 a.m. and 2:00 p.m. until the conclusion of the trial and as and when required by the Investigating Officer for investigation, and shall fully cooperate with the Investigating Officer in the completion of the investigation until further orders.
5. The applicant/accused is strictly prohibited from hampering, tampering with, or intimidating the informant, panchas, or any prosecution witnesses to dissuade them from disclosing the facts of the crime.
6. The applicant/accused is forbidden from indulging in similar or graver offenses while on bail.
7. The applicant/accused is required to surrender his Passport, if any, to the Investigating Officer.
8. The applicant/accused is directed not to leave the jurisdiction of the Court until the completion of the investigation without prior intimation of his residential addresses and telephonic contact details to the Investigating Officer.
9. Failure to comply with any of these conditions will result in the cancellation of his bail.
10. A copy of this order is to be communicated to the accused through the Superintendent of the Mumbai Central Prison, Arthur Road, via email or the e-Prison application.

The order, signed digitally by H.H. the Special Judge S. E. Bangar on December 23, 2024, brings a temporary reprieve to Mohsin Khatib Khan, subject to his adherence to the stringent conditions laid down by the court, while the investigation into the larger drug network continues.