Mumbai, Maharashtra – July 6, 2022 – Sohel Salim Dhanani, a spa manager, has been granted bail in a case involving both drug possession and human trafficking, registered at Kandivali Police Station (C.R. No. 354/2022). The Special Judge, V.V. Patil, of the NDPS Court for Greater Mumbai, approved Dhanani’s bail application (Bail Application No. 883 of 2022) citing the small quantity of drugs recovered and the lack of concrete evidence linking him to the human trafficking allegations.

Background of the Case:

Dhanani was arrested on March 24, 2022, and charged under Section 370A(2) (organizing or inducing any person to be a part of a group or gang for the purpose of trafficking) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), Sections 4 and 5 of the Immoral Traffic (Prevention) Act, and Sections 8(c), 20, and 22(a) of the NDPS Act, 1985.

Allegations and Arrest:

According to the prosecution, police received information about prostitution occurring at D2 Uko Spa. A raid was conducted, a victim was rescued, and Dhanani was arrested. During the search, 0.81 grams of MD (Mephedrone) and 1.05 grams of Ganja were recovered from Dhanani’s possession.

Defense Arguments:

Mr. Akash Sharma, representing Dhanani, argued that his client was falsely implicated and was merely an employee with limited managerial duties. He highlighted that Dhanani had cooperated with the investigation, leading to the arrest of co-accused individuals. He emphasized the lack of evidence connecting Dhanani to the alleged crimes, his lack of criminal antecedents, and his permanent residency in Mumbai. He also argued that the quantity of drugs recovered was small, not attracting the stringent provisions of Section 37 of the NDPS Act.

Prosecution’s Counter-Arguments:

Smt. Parmar, the Additional Designated Public Prosecutor (ADPP), opposed the bail application, arguing that the offenses were serious. She claimed Dhanani, as the spa manager, facilitated prostitution with the help of co-accused Fahed Shaikh and Deepika Tal. She also highlighted the recovery of MD and Ganja from Dhanani’s possession. She argued that releasing Dhanani would allow him to pressure witnesses, tamper with evidence, and abscond.

Court’s Observations and Decision:

Judge Patil acknowledged the recovery of 0.81 grams of MD and 1.05 grams of Ganja, noting that these quantities fell under the category of small quantities, not attracting the stringent provisions of Section 37 of the NDPS Act.

“Now, so far as recovery of contraband is concerned, the quantity of contraband falls under category of small quantity as given in the schedule of the Act and rigors of sec. 37 of NDPS Act are not applicable,” Judge Patil stated in his order.

Regarding the human trafficking allegations, the court noted Dhanani’s denial and the lack of concrete evidence linking him to the offense.

“Further, at this stage, there is no evidence against applicant to show that he was running business of prostitution. It is submitted that applicant has never indulged in such kind of activities. There are no criminal antecedents to the discredit of the applicant. The applicant is resident of Mumbai and there are no chances of his absconding or fleeing from justice,” Judge Patil stated.

The court concluded that Dhanani was entitled to bail, subject to certain conditions.

Bail Conditions:

The court granted bail to Dhanani, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 50,000 with one or more sureties of the same amount.
• He must attend Kandivali Police Station every Monday between 2:00 PM and 5:00 PM until the chargesheet is filed.
• He and his sureties must provide their mobile numbers and correct addresses, along with the names, mobile numbers, and addresses of two relatives.
• He must provide proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence.
• He must not commit similar offenses while on bail.

Significance of the Ruling:

This ruling highlights the court’s consideration of the quantity of recovered substances and the strength of evidence in bail matters involving both NDPS and human trafficking charges. The court’s decision underscores that in cases where the quantity of drugs is small and there is a lack of concrete evidence linking the accused to the more serious charges, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Small quantity of recovered drugs.
• Lack of concrete evidence linking Dhanani to human trafficking.
• Dhanani’s cooperation with the investigation.
• Lack of criminal antecedents.
• Conditions to ensure Dhanani’s presence and prevent witness tampering.

Future Proceedings:

The investigation will continue, and the chargesheet will be filed. The trial will then proceed in the NDPS Court. The prosecution will be required to prove the charges against Dhanani and the other accused beyond a reasonable doubt. The court will monitor Dhanani’s compliance with the bail conditions.