Mumbai, July 16, 2022 – Nishad Banu Yusuf Khan has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Mumbai. Khan was arrested in connection with Crime No. 238/2022, registered at Nagpada Police Station, for offenses under Section 8(c) read with Section 21(b) of the NDPS Act, 1985.

The Allegations

According to the prosecution, on June 23, 2022, Khan was found in a suspicious condition, and upon searching her, 7 grams of heroin were seized. The total quantity of heroin seized in the case, including that from another accused, was 13 grams.

Khan’s Defense and Arguments

Ms. Shalaka, representing Khan, argued that the quantity of heroin seized from her (7 grams) and the total quantity seized in the case (13 grams) were both less than the commercial quantity. Therefore, Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities, was not applicable. Khan expressed her willingness to abide by any conditions imposed by the court.

Prosecution’s Objections

Mr. P.J. Tarange, the Additional Public Prosecutor (APP), opposed the bail application, but the provided document does not specify the exact grounds of the objection.

Court’s Observations and Decision

Additional Sessions Judge V.G. Raghuwanshi considered the submissions and the documents on record. The court noted that the quantity of heroin seized from Khan was 7 grams, and the total quantity seized was 13 grams, both of which are less than the commercial quantity.

“In this case contraband seized from applicant/accused is only 7 grams and total contraband is seized in this offence is 13 grams only. It is less than commercial quantity. Therefore, section 37 of NDPS Act is not attracted in this case. Applicant/accused is ready to furnish surety and abide by all conditions those may be imposed by this Court. In such circumstances, a case is made out for grant of bail,” Judge Raghuwanshi stated in the order.

The court concluded that since the quantity was below the commercial limit, Section 37 of the NDPS Act was not applicable, and Khan was entitled to bail.

Bail Conditions

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

• Khan must not engage in any activity that could hamper the investigation and must appear before the trial court regularly.
• She must not tamper with the prosecution’s evidence.
• She must appear before the Investigating Officer as and when called.

Key Points

• Quantity Below Commercial Limit: The court’s decision was primarily based on the fact that the quantity of heroin seized was below the commercial limit.
• Section 37 NDPS Act: The court noted that Section 37 of the NDPS Act, which imposes stringent bail conditions, was not applicable in this case.
• Conditions Imposed: The court imposed conditions to ensure Khan’s cooperation with the investigation and trial.
• NDPS Act: The case involved offenses under the NDPS Act, which deals with narcotic drugs and psychotropic substances.