Mumbai, August 22, 2022 – In a ruling that underscores the importance of direct evidence and the principle of parity, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act at Greater Bombay granted bail to Rizwan Ismail Khan, a 21-year-old resident of Kandivali West, who was arrested in connection with an NDPS case. The decision, delivered by Additional Sessions Judge Shri V.G. Raghuwanshi (C.R. 43) on August 17, 2022, emphasizes the lack of direct recovery of contraband from Khan and the prior grant of bail to the co-accused.
Arrest and Allegations:
Rizwan Ismail Khan was arrested in connection with Special L.A.C./C.R. No. 64/2022 registered at Charkop Police Station for offenses punishable under Section 8(c) read with Section 21(b) and 29 of the NDPS Act, 1985. The prosecution alleged that during the interrogation of co-accused Ankur Radheshayam Yadav and Bushan Pratap Mukundmurari Sing, who were arrested with an intermediate quantity of Mephedrone (MD), they implicated Khan as their supplier. Khan was subsequently arrested and placed in judicial custody.
Bail Application and Arguments:
Khan, through his advocate Mr. B.T. Dravidar, filed a bail application (Criminal Bail Application No. 1780 of 2022), contending that he was falsely implicated in the case. He asserted his innocence and argued that the case was fabricated against him. He highlighted that both co-accused had already been granted bail and that the charge sheet had been filed. Khan also emphasized his permanent residency and willingness to abide by all conditions imposed by the court.
The prosecution, represented by Additional Public Prosecutor P.J. Tarange, opposed the bail application, submitting a report detailing the grounds for their opposition.
Court’s Reasoning and Decision:
Judge Raghuwanshi, after hearing both sides, focused on the crucial fact that no contraband was recovered directly from Rizwan Ismail Khan.
“It appears intermediate quantity of Mephedrone (MD) was seized from Ankur Radheshayam Yadav and Bushan Pratap Mukundmurari Sing,” the judge stated in his oral order. “Nothing was seized from this applicant/accused.”
The court also considered the fact that the co-accused had already been granted bail, highlighting the principle of parity.
“Applicant/accused is ready to abide by all conditions and furnish surety,” Judge Raghuwanshi noted. “Therefore, a case is made out for grant of bail.”
Consequently, the court granted bail to Rizwan Ismail Khan, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 25,000 with one or more solvent sureties of the same amount. The court imposed several conditions, including that Khan must not engage in any activity that would hamper the investigation, must appear regularly before the trial court, must not tamper with prosecution evidence, and must appear before the Investigating Officer as and when called.
Implications and Significance:
This ruling underscores the importance of direct evidence in NDPS cases. The court’s decision highlights that mere statements by co-accused, without direct recovery of contraband, may not be sufficient grounds for prolonged detention. The principle of parity, where co-accused are treated similarly in bail matters, also played a significant role in the court’s decision.
The case serves as a reminder of the judicial process’s emphasis on balancing individual liberty with the need to address drug-related offenses, while also ensuring that legal provisions are applied appropriately based on the specific circumstances of each case.
The order was dictated on August 17, 2022, typed on August 18, 2022, and signed on August 20, 2022. It was uploaded on August 22, 2022, at 12:34 p.m.