Mumbai, September 11, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), granted bail to Salman Samshad Khan, a 26-year-old with no stated occupation, who was arrested in connection with the alleged possession of 9.35 grams of Mephedrone (MD).

The order was issued in response to NDPS Bail Application No. 739 of 2023, filed by Khan against NDPS Remand Application No. 1023 of 2023, pertaining to Spl. LAC/C.R. No. 374/2023 registered at the Kurla police station in Mumbai. Khan was booked under Section 8(c) read with Section 22(b) of the Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS Act).

According to the prosecution’s case, as presented in court, on August 11, 2023, 9.35 grams of Mephedrone were recovered from the possession of Khan, leading to his arrest and the registration of the aforementioned charges.

Advocate Mr. Nilesh Bandgar, representing the applicant/accused, argued for bail, emphasizing that this was Khan’s first bail application and no other such application was pending in higher courts. A key argument put forth by the defense was that the quantity of contraband recovered from Khan was “intermediate,” and therefore, the stringent conditions of Section 37 of the NDPS Act, which typically restrict the granting of bail in cases involving commercial quantities, would not be applicable in this instance.

Advocate Bandgar further highlighted that no prior criminal antecedents were attributed to Khan. He also stated that nothing further needed to be recovered from his client, who was young and a resident of Mumbai, and had been in custody since August 11, 2023. He assured the court that Khan was ready to abide by any conditions imposed, urging the court to release him on bail.

Conversely, the Learned APP Mr. P.J. Tarange, representing the prosecution, opposed the bail application. He argued that a wanted accused in the case was yet to be arrested. The prosecution contended that the alleged offence was of a serious nature, suggesting that Khan possessed the contraband for the purpose of sale and was likely to commit similar offences if released on bail. The Ld. APP also argued that the investigation could be hampered if Khan was granted bail.

After carefully considering the arguments from both sides and perusing the application, relevant documents, the prosecution’s reply, and the material on record, Additional Sessions Judge K.P. Kshirsagar delivered the oral order granting bail to Khan.

In his order, the Judge noted that Khan was accused of an offence punishable under Section 8(c) read with Section 22(b) of the NDPS Act, which carries a potential punishment of up to 10 years imprisonment and a fine of up to Rupees One lakh. The court reiterated that the quantity of Mephedrone recovered was admittedly non-commercial and fell within the “intermediate quantity” bracket, thus making the stringent bail conditions of Section 37 of the NDPS Act inapplicable.

The court also took into account the fact that Khan had been in custody since August 11, 2023, and that nothing further appeared to be recoverable from him. Furthermore, the court highlighted the absence of any criminal antecedents attributed to Khan. Based on the material on record, the court found no justifiable ground necessitating further detention.

Justice Kshirsagar emphasized the fundamental right to personal liberty and the presumption of innocence until guilt is proven. He stated that the primary objective of bail is to ensure the accused’s presence during the trial, and it should not be used as a punitive or preventive measure. The court noted that prima facie, Khan had cooperated during the investigation and had undertaken to continue his cooperation throughout the trial.

Considering the material on record, the court was of the opinion that Khan’s presence could likely be secured even if he were released on bail. The court also believed that the prosecution’s interests could be adequately safeguarded by imposing certain conditions on his release.

Therefore, taking into account the nature and gravity of the offence, Khan’s age, his lack of prior criminal record, and the prima facie assessment of the evidence, the court concluded that releasing him on bail at this stage was unlikely to prejudice the ongoing investigation or the interests of society at large.

Consequently, the court passed the order allowing NDPS Bail Application No. 739/2023. Salman Samshad Khan was ordered to be released on bail in Spl. LAC/C.R. No. 374/2023 upon furnishing a personal bond of ₹50,000/- (Rupees Fifty thousand only) with one surety of a like amount, subject to the following conditions:

(a) Khan shall cooperate with the Investigating Officer and shall make himself available for interrogation by the concerned Investigating Officer as and when required.

(b) Khan shall not tamper with prosecution evidence or influence the prosecution witnesses in any manner.

(c) Khan shall cooperate in the early disposal of the trial.

(d) Khan shall not commit any criminal offence while on bail.

(e) Khan and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of execution of the bail bond/surety bond.

The order concluded by stating that NDPS Bail Application No. 739/2023 was disposed of accordingly. The order was pronounced in open court on September 11, 2023, and subsequently signed and uploaded on September 13, 2023.

This judgment reiterates the significance of the distinction between commercial and non-commercial quantities of drugs under the NDPS Act when considering bail applications. The court’s decision highlights the importance of personal liberty and the presumption of innocence, particularly in cases involving intermediate quantities and the absence of prior criminal records.