Mumbai, Maharashtra – March 19, 2024 – In a ruling that offers a temporary reprieve, the Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases in Greater Mumbai has granted bail to Godwin Ndubuisi Jerome, a 34-year-old Nigerian national, who was arrested in connection with the possession of cocaine. The court’s decision, delivered on March 6, 2024, came after Jerome filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in relation to Crime No. 124/2024 registered at the Vakola Police Station.

Jerome was apprehended on January 31, 2024, near BMC Garden on the Western Express Highway, where police officials, on patrol, reported observing suspicious movements. A subsequent search led to the alleged recovery of 5 grams of cocaine from his possession, resulting in his arrest and the registration of the aforementioned crime under Sections 8(c) read with 21(b) of the NDPS Act, 1985.

During the court proceedings, Jerome, represented by Advocate Gorakh Liman, maintained his innocence, asserting that he was falsely implicated in the case. His counsel argued that the quantity of cocaine recovered was non-commercial, thereby mitigating the stringent provisions of Section 37 of the NDPS Act, which typically imposes stricter bail conditions. Furthermore, it was submitted that the custodial interrogation of Jerome was no longer necessary, as the material investigation had been completed.

However, the prosecution, led by Additional Public Prosecutor (APP) Shankar Erande, vehemently opposed the bail application. In a reply submitted to the court, the Investigating Officer contended that Jerome’s release could potentially lead to him absconding or repeating the offense. The prosecution also argued that the investigation was still ongoing and therefore, bail should be denied.

Special Judge B.Y. Phad, after considering the arguments from both sides, ruled in favor of granting bail. The court emphasized the non-commercial quantity of the alleged contraband and Jerome’s clear antecedents as key factors influencing the decision.

Jerome was ordered to be released upon furnishing a personal bond of Rs. 60,000 and one or two solvent sureties of the same amount. The court imposed stringent bail conditions, including:

• Mandatory reporting to Vakola Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the filing of the final report.
• Prohibition from leaving the jurisdiction of Mumbai without explicit permission.
• Strict prohibition from contacting co-accused, witnesses, or individuals associated with the case.
• Prohibition from tampering with evidence.
• Requirement to maintain a stable residence and inform the court of any address changes.
• Provision of an active mobile number and reporting any changes.
• Full cooperation with the ongoing investigation.
• Surrender of his passport (or filing an affidavit if he does not possess one).
• Prohibition from engaging in activities related to the offense.
• Compliance with law enforcement directions.
• Submission of a list of three blood relatives with their residential and work addresses.

The court explicitly warned that any violation of these conditions would result in the immediate revocation of bail and potential further legal consequences. This decision highlights the court’s consideration of the quantity of narcotics involved and the individual’s background when determining bail in NDPS cases.¹ The case remains under investigation, and further legal proceedings are expected.