Date: February 8, 2024: In a significant decision today, the Special Court for the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Greater Mumbai, granted bail to Sufiyan Liyakatali Khan, 31, an engineer by profession, accused of possessing 15 grams of Mephedrone (MD). Khan was apprehended alongside his co-accused, Afzal Zulfikar Ansari, on January 1, 2024, by officials from the Mankhurd Police Station, Mumbai. Ansari was allegedly found with six bottles of Chlorpheniramine Maleate and Codeine Phosphate syrup, each containing 100 ml of the controlled substance. The case has been registered under C.R. No. 01/2024.
Details of the Case
Khan and Ansari were reportedly found in a “suspicious condition” during a routine police patrol, leading to a search that revealed intermediate quantities of narcotic substances. Consequently, a case was filed against Khan under Section 8(c) read with Section 22(c) and Section 29 of the NDPS Act, 1985, which covers the possession, distribution, and trafficking of illegal substances.
Court Proceedings and Arguments
During the court hearing, Khan’s defense, led by Advocate Zehra Charnia, argued that the quantity of drugs seized was of intermediate nature and not commercial, thus exempting the case from the stricter stipulations under Section 37 of the NDPS Act. Emphasizing that Khan had no prior criminal record and had cooperated fully with the investigation, Charnia appealed for his release on bail, contending that his detention was unnecessary as the investigation was nearly complete.
On the prosecution’s side, APP Rajput opposed the bail, asserting that Khan’s release could hamper the ongoing investigation and allow him to influence witnesses. The prosecution emphasized that a wanted suspect connected to the case remained at large, suggesting that releasing Khan might pose additional challenges to the investigation.
Court’s Rationale for Granting Bail
After reviewing the case details, Additional Sessions Judge K.P. Kshirsagar noted the intermediate quantity of the drug seized, indicating that it did not meet the threshold for a commercial quantity, which could otherwise warrant stricter bail conditions under Section 37 of the NDPS Act. Citing Khan’s cooperation during the investigation, his lack of criminal history, and his readiness to comply with any court-imposed conditions, Judge Kshirsagar granted bail, remarking on the importance of personal liberty and the presumption of innocence before a trial’s conclusion.
The court ruled that Khan’s detention was not necessary to advance the investigation further and set several conditions for his release, including a bond of Rs. 50,000 and requirements to provide updated contact details and refrain from influencing prosecution witnesses.
Bail Conditions Imposed by the Court
The following conditions were outlined for Khan’s bail:
- Bond and Surety: Khan must submit a personal bond of Rs. 50,000 with sureties.
- Cooperation with Investigation: He must cooperate with the police if further interrogation is required.
- No Tampering with Evidence: Khan is prohibited from tampering with evidence or attempting to influence witnesses.
- No Further Criminal Activity: He is expected not to engage in any additional criminal offenses while on bail.
- Updated Contact Information: Khan and his surety must provide valid mobile numbers and proof of residence.
Implications and Next Steps
With this order, Khan’s release will be subject to compliance with all bail conditions. The court’s emphasis on safeguarding personal liberty while balancing the investigation’s integrity underscores a nuanced approach to drug-related offenses. The bail decision also highlights the distinction between intermediate and commercial quantities in NDPS cases, influencing the likelihood of bail in similar future cases.
The court will continue to monitor compliance with bail conditions while the police advance their investigation to arrest any remaining suspects and secure further evidence.
