Mumbai, May 12, 2022 – Jujer Abbas Nalwala, a 57-year-old man, has been granted bail by the Special Judge for NDPS Cases in Greater Mumbai. He was arrested on April 18, 2022, for possession of codeine phosphate cough syrup, a psychotropic substance, under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Arrest and Allegations

According to the prosecution, officers of the Anti-Narcotics Cell (ANC) were patrolling near Hotel Alamgir on J.J. Marg when they found Nalwala in a suspicious condition. Upon searching him, they recovered five bottles of Shivam Health Care Private Limited cough syrup containing Chlorpheniramine Maleate and Codeine Phosphate. The bottles were seized, and Nalwala was arrested.

Defense Arguments

Mr. Jitendra, representing Nalwala, argued that his client was falsely implicated. He emphasized that each bottle contained 100 ml of cough syrup, making the total quantity non-commercial. Therefore, the stringent provisions of Section 37 of the NDPS Act, which impose restrictions on granting bail, were not applicable. He also stated that the investigation against Nalwala was complete, and his continued detention served no purpose. Nalwala, a permanent resident of Mumbai, was ready to abide by all court conditions.

Prosecution’s Objections

Mr. Rajput, the Additional Public Prosecutor (APP), opposed the bail application. He argued that Nalwala possessed the cough syrup bottles illegally for the purpose of sale. The offense was serious, punishable with up to 10 years of imprisonment. He expressed concerns that Nalwala might abscond, not be available for trial, and commit similar offenses if granted bail.

Court’s Observations and Decision

Special Judge V.V. Patil, presiding over the case, noted that five bottles of codeine phosphate cough syrup were recovered from Nalwala. The court acknowledged that the quantity was non-commercial, and therefore, the stringent provisions of Section 37 of the NDPS Act did not apply.

“Admittedly, the quantity recovered from the applicant is non-commercial quantity and hence stringent provisions of Sec. 37 of NDPS Act would not apply,” Judge Patil stated in the order.

The court accepted the defense’s argument that Nalwala was a resident of Mumbai, unlikely to abscond, and willing to abide by court conditions. With no criminal antecedents and the recovery completed, the court found no reason to keep Nalwala detained.

Bail Conditions

Nalwala was granted bail on a personal bond of Rs. 20,000 with one or two sureties of the same amount. The court imposed the following conditions:

• Nalwala must attend the ANC Azad Maidan Unit office every Monday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• He and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• He must produce proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• He must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 20,000 was allowed for eight weeks.

The court’s decision emphasizes the distinction between commercial and non-commercial quantities of psychotropic substances under the NDPS Act and the implications for granting bail. The conditions imposed aim to ensure Nalwala’s cooperation with the ongoing investigation and prevent any interference with the judicial process.