Mumbai, March 7, 2024 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Afroz Shaikh Mohd. Hasan and Sunita Munnalal Sonkar, who were arrested in connection with a case involving a non-commercial quantity of MD (Mephedrone). Judge B. Y. Phad allowed their bail application (Criminal Bail Application No. 463/2024) in Crime No. 98/2024, registered at Pant Nagar Police Station, under sections 8(c) read with 22 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Prosecution’s Case:

According to the prosecution, on February 16, 2024, the police found the accused in suspicious movements. Upon inquiry, Afroz Shaikh Mohd. Hasan was found to be in possession of 4 grams of MD, which he claimed was supplied by one Javed. The prosecution argued that the accused lacked a permanent place of abode and occupation, and thus opposed the bail.

Defense Arguments:

The defense, represented by Advocate Samadhan Salve, argued that the accused were falsely implicated and that nothing was recovered from them. They emphasized that the quantity recovered was non-commercial and that the accused were the sole earning members of their families, with permanent residences in Mumbai. They also stated that the accused were ready to furnish surety and abide by any conditions imposed by the court.

Court’s Decision:

Judge Phad, after reviewing the submissions and the prosecution’s reply, noted that only 4 grams of MD were recovered from Afroz Shaikh Mohd. Hasan, which is significantly below the commercial quantity. The court also noted that nothing was recovered from Sunita Munnalal Sonkar, clarifying that there was a clerical error in the prosecution’s documents.

Considering that the recovered quantity was non-commercial, and that the accused 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 a solvent surety bond of the same amount.
• They must report to Pant Nagar Police Station every Sunday between 10:00 AM and 11:00 AM until the filing of the final report.
• 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 Santacruz/Govandi, 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.