Mumbai, June 23, 2022 – Mehboob Lalsaheb Patel has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in Mumbai. Patel was arrested in connection with Crime No. 94/2022, registered at the Anti-Narcotics Cell (ANC), Bandra Unit, for offenses under the NDPS Act.

The Allegations

According to the prosecution, on April 7, 2022, Patel and another accused, Santosh Bhagwat Sonawane, were intercepted by police in the area of I-Max, Bhakti Park, Wadala (East), Mumbai. 20 grams of Mephedrone (MD) were allegedly seized from Patel, and 25 grams of MD were allegedly seized from Sonawane.

Patel’s Defense and Arguments

Mr. Ayaz Khan, representing Patel, argued that his client was falsely implicated. He highlighted that the quantity of MD allegedly seized from Patel was 20 grams, which is an intermediate quantity—less than commercial quantity and more than small quantity. He argued that since the quantity was intermediate, the stringent provisions of Section 37 of the NDPS Act (which requires stricter conditions for bail) were not applicable. He also pointed out that the total quantity seized from both accused was not a commercial quantity. Patel, a permanent resident of Mumbai, was ready to abide by all conditions imposed by the court.

Prosecution’s Objections

Mr. S.S. Panjwani, the Additional Public Prosecutor (APP), opposed the bail application, citing reasons mentioned in the prosecution’s reply.

Court’s Observations and Decision

Additional Sessions Judge Shri V.G. Raghuwanshi considered the submissions from both sides and the documents on record. The court noted that 20 grams of MD were allegedly seized from Patel, and 25 grams from Sonawane.

“In this case prosecution alleged that, 20 grams Mephedrone (MD) was seized from the applicant/accused and 25 grams Mephedrone (MD) was seized from another accused Santosh Bhagwat Sonawane that means intermediate quantity of Mephedrone (MD) was seized from the applicant/accused. Even the total quantity seized from both accused was less than commercial quantity. Therefore, rigours under section 37 of the NDPS Act are not attracted in this case,” Judge Raghuwanshi stated in the order.

The court also noted that the maximum punishment for the alleged offense was 10 years and a fine. Considering that Patel was ready to abide by all conditions, cooperate with the investigation, and furnish a solvent surety, the court decided to grant bail.

Bail Conditions

Patel was granted bail on a personal bond of Rs. 25,000 and one or more solvent sureties of the same amount. The court imposed the following conditions:

• Patel must not engage in any activity that would hamper the investigation.
• He must appear before the trial court regularly.
• He must not tamper with the prosecution’s evidence.
• He must appear before the Investigating Officer once a week until the charge sheet is filed.

Key Points

• Intermediate Quantity: The court emphasized that the quantity of MD seized from Patel was an intermediate quantity, which meant the stringent provisions of Section 37 of the NDPS Act were not applicable.
• Total Quantity: The court also considered that the total quantity seized from both accused was not a commercial quantity.
• Maximum Punishment: The court noted that the maximum punishment for the alleged offense was 10 years and a fine.
• Cooperation: Patel’s readiness to cooperate with the investigation and abide by the court’s conditions was a significant factor in the decision to grant bail.