Mumbai, Maharashtra – April 20, 2024 – Daniel Khawja @ Chukwue Meka Daniel Ajah, a 30-year-old Nigerian national residing in Mira Road, Thane, has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in connection with a case involving the alleged possession of 3 grams of cocaine.

Background of the Case:

Ajah was arrested and charged under Sections 8(c) and 21(b) of the NDPS Act, 1985, following his arrest in Crime No. 77/2024 registered at the Khar Police Station in Mumbai. The prosecution alleged that he was found in possession of 3 grams of cocaine during a personal search conducted on January 30, 2024.

Arguments Presented:

Ajah, through his advocate S.S. Bhandary, argued that he was falsely implicated in the case and had not committed any crime. He emphasized that the quantity of cocaine recovered was only 3 grams, which is slightly above the small quantity (2 grams) and far below the commercial quantity. He argued that the stringent provisions of Section 37 of the NDPS Act, which make bail difficult, did not apply in his case. He also claimed that the police had not followed the mandatory provisions of Sections 42 and 50 of the NDPS Act. Ajah stated he had no criminal antecedents and was willing to abide by all conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor (APP) Shankar Erande, opposed the bail application. They argued that Ajah was a foreign national with no permanent place of abode in Mumbai and had not cooperated with the investigation. They expressed concerns that if released on bail, he might tamper with evidence, pressurize witnesses, or repeat the offense. They also stated that the investigation was still ongoing.

Court’s Decision and Rationale:

Special Judge B.Y. Phad, after considering the arguments and reviewing the case records, granted bail to Ajah. The court noted that the quantity of cocaine recovered was slightly more than the small quantity and far less than the commercial quantity. The court also acknowledged Ajah’s claim of having no criminal antecedents.

The court stated that it was appropriate to release Ajah on bail under stringent conditions.

Bail Conditions Imposed:

The court granted bail to Daniel Khawja @ Chukwue Meka Daniel Ajah upon furnishing a personal bond of Rs. 60,000 along with one or two solvent surety bonds of the same amount. The following conditions were imposed:

• Police Reporting: Ajah must report to the Khar Police Station every Sunday between 10:00 AM and 11:00 AM until the filing of the final report.
• Travel Restrictions: He is prohibited from leaving the jurisdiction of Mumbai without explicit permission from the investigating officer or the court.
• No Contact with Witnesses/Co-accused: He is strictly prohibited from making any contact with co-accused, witnesses, or any individuals directly associated with the case. He must not tamper with any evidence or documents related to the case.
• Residence and Contact Information: He must maintain a stable residence at his current address in Mira Road, Thane, and inform the court and investigating officer of any change. He must furnish his active mobile number to the investigating officer and report any change.
• Cooperation with Investigation: He must not interfere with the ongoing investigation and must comply fully with law enforcement.
• Passport Surrender/Affidavit: He must surrender his passport, if any, to the investigating officer within a week. If he does not possess a passport, he must file an affidavit to that effect.
• Prohibition of Similar Activities: He is prohibited from engaging in activities that might be related to the registered offense.
• Compliance with Law Enforcement: He must comply with all reasonable directions from law enforcement agencies or investigating officers.
• Blood Relative Information: As per the Criminal Manual, he must furnish the list of three blood relatives with their residential addresses and work addresses (if any), along with documentary proof.
• Bail Cancellation: Failure to adhere to any of these conditions will result in the immediate revocation of bail.

Significance of the Decision:

This decision highlights the court’s consideration of the quantity of the contraband, the accused’s background, and the need to balance individual liberty with the interests of justice. By imposing stringent conditions, the court aimed to ensure Ajah’s cooperation with the investigation and his presence during the trial, while also acknowledging that continued detention was not warranted in this case. This case also clarifies the difference between small and commercial quantities of drugs when considering bail under the NDPS act.