Mumbai, March 22, 2024 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Altaf Abdul Khan and Kafil Akil Ahmed, who were arrested in connection with a case involving non-commercial quantities of Hashish. Judge B. Y. Phad allowed their bail application (Criminal Bail Application No. 455/2024) in Crime No. 154/2024, registered at Malwani Police Station, under sections 8(c) read with 20(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Prosecution’s Case:

According to the prosecution, on February 1, 2024, Altaf Abdul Khan was found in possession of 10 grams of Hashish and disclosed that he had purchased 20 grams from Kafil Akil Ahmed for ₹5,000. Subsequently, Ahmed was arrested and found in possession of 20 grams of Hashish. Ahmed stated that he had purchased the Hashish from co-accused Zaid Khan for ₹5,500 per 10 grams. Zaid Khan was later arrested with 2 kilograms of Hashish in his possession. The prosecution argued that all three accused were involved in a conspiracy and that the total quantity of Hashish recovered exceeded the commercial threshold.

Defense Arguments:

The defense, represented by Advocate Vaishali Sawant, argued that the prosecution’s case was riddled with inconsistencies. They pointed out that:

• Altaf Abdul Khan allegedly purchased 20 grams of Hashish but was only found with 10 grams, and no money was recovered from him.
• Kafil Akil Ahmed allegedly purchased Hashish at a higher price (₹5,500 per 10 grams) than he supposedly sold it for (₹5,000 for 20 grams), which is illogical.
• The applicants were not aware of the 2 kilograms of Hashish recovered from co-accused Zaid Khan.
• The applicants have clean antecedents and are well-rooted in the society.
• Confessional statements are not admissible in law.

The defense emphasized that the applicants were found with non-commercial quantities of Hashish and should be released on bail.

Court’s Decision:

Judge Phad, after reviewing the case papers, noted the inconsistencies in the prosecution’s claims and the fact that non-commercial quantities of Hashish were recovered from the applicants. The court also observed that, except for the confessional statements, there was no evidence to connect the accused with each other.

The court concluded that the bar under Section 37 of the NDPS Act, which applies to commercial quantities, was not applicable to the applicants’ case. Considering that the applicants had clean antecedents and were well-rooted in society, the court deemed it appropriate to grant them bail with stringent conditions.

Conditions of Bail:

The court granted bail to the accused on the following conditions:

• Each accused must execute a personal bond of ₹60,000 and provide one or two solvent sureties of the same amount.
• They must report to Malwani Police Station every Sunday between 10:00 AM and 11:00 AM until the final report is filed.
• They are prohibited from leaving the jurisdiction of Mumbai without explicit permission.
• They must not contact co-accused, witnesses, or any individuals associated with the case.
• They must not tamper with any evidence.
• They must maintain their current residences in Malad, Mumbai, and inform the court and investigating officer of any change in address.
• They must provide their active mobile numbers to the investigating officer and report any changes.
• They must cooperate with the ongoing investigation.
• They must surrender their passports, if any, or file an affidavit stating they do not possess one.
• They are prohibited from engaging in activities related to the registered offense.
• They must comply with all reasonable directions from law enforcement.
• They must provide a list of three blood relatives with their addresses and workplace details.

The court warned that failure to adhere to these conditions would result in the immediate revocation of bail.