Mumbai, December 19, 2023 – In a recent ruling, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), at Greater Bombay, granted bail to Alam Naeem Khan, 34, who was arrested in connection with a case involving the alleged possession and supply of Mephedrone (MD). The court’s decision hinged on the quantity of contraband seized being classified as an “intermediate quantity,” thus not attracting the stringent provisions of Section 37 of the NDPS Act.
Alam Naeem Khan, a resident of Kurla, Mumbai, was arrested in Spl. LAC/C.R. No. 374/2023, registered at Kurla police station, for offenses punishable under Section 8(c) read with Section 22(b) of the NDPS Act. The case stemmed from the recovery of 9.35 grams of Mephedrone from co-accused Salman Samshad Khan on August 11, 2023. During the investigation, Salman Samshad Khan allegedly disclosed that the contraband was supplied to him by Alam Naeem Khan. Khan has been in judicial custody since November 6, 2023.
During the bail hearing (NDPS Bail Application No. 1051 of 2023), Mr. Pankaj Purway, the learned advocate representing Alam Naeem Khan, argued that the quantity of MD recovered was an intermediate quantity, meaning the strict bail conditions under Section 37 of the NDPS Act did not apply. He also highlighted that the co-accused had already been released on bail and that Khan had no prior criminal record. Mr. Purway emphasized that nothing further needed to be recovered from his client, who is a Mumbai resident and willing to comply with all court-imposed conditions.
Conversely, the learned Additional Public Prosecutor (APP), Mr. Rajput, opposed the bail application. He contended that the offense was serious, that Khan possessed the contraband for sale, and that investigation was still in progress with a “wanted accused” yet to be apprehended. The APP expressed concerns that Khan might commit similar offenses or hamper the investigation if released on bail.
After reviewing the application, documents, and arguments, the Additional Sessions Judge, K.P. Kshirsagar (C.R. 43), noted that the alleged quantity of Mephedrone was indeed an intermediate quantity, thus confirming that the rigours of Section 37 of the NDPS Act were not applicable.
The court further observed that Khan had been in custody since November 6, 2023, and that “nothing is to be recovered from him.” No criminal antecedents were attributed to the applicant, and the court found “no any just ground which necessitates further detention.”
Emphasizing the importance of personal liberty and the presumption of innocence, Judge Kshirsagar stated that the object of bail is to secure the accused’s attendance at trial, not to be punitive or preventive. The court concluded that Khan had prima facie cooperated with the investigation and would likely continue to cooperate during the trial.
Considering the nature and gravity of the offense, the age, and antecedents of the accused, the court found “justifiable grounds for releasing the applicant/accused on bail at this stage.”
Consequently, the court allowed the bail application, directing Alam Naeem Khan to be released on bail upon executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount. The bail is subject to several conditions, including cooperating with the Investigating Officer, not tampering with prosecution evidence or influencing witnesses, cooperating in the early disposal of the trial, and refraining from committing any criminal offense while on bail. Khan and his surety are also required to provide their mobile numbers and current addresses.
The order was pronounced in open court on December 19, 2023, and formally signed on December 20, 2023.