Mumbai, December 14, 2018 – The Special Judge for N.D.P.S. Cases at Greater Mumbai today granted conditional bail to Chie Basil Aniagboso alias Basil Chife Aniboso, a 28-year-old Nigerian national, who was arrested in an NDPS case by the A.N.C. Azad Maidan Unit. Aniagboso, identified as Accused No. 5 in C.R. No. 47/2018, was released on bail after the court determined that the quantity of MDMA seized from him – 4 grams – was “above small quantity, but, below commercial quantity,” thereby not attracting the stringent provisions of Section 37 of the N.D.P.S. Act.

Aniagboso was arrested on October 20, 2018, following a raid conducted by police officers on patrolling duty. Residing at Mangal Nagar, Hatkesh, Mira Road (East), District Thane, Aniagboso’s bail application (Criminal Bail Application No. 857 of 2018) was heard by His Honour the Special Judge M. S. Mungale (C.R. No. 44).

Mr. V.P. Shinde, the learned advocate for the applicant, presented Aniagboso’s case. The application was vehemently opposed by the Investigating Officer and the learned A.P.P. Mr. B. G. Rajput, who contended that Aniagboso was a foreign national (Nigerian) who had not produced his passport and Visa, suggesting he was residing illegally in Mumbai. They argued that if granted bail, he was likely to abscond and avoid trial. The prosecution further labeled him a “habitual offender.”

In response, Mr. Shinde informed the court that Aniagboso had personally told him his passport and Visa were “attached by the Police Officer.” The Investigating Officer, however, maintained that none of the five accused possessed a passport or Visa at the time of the incident.

The court, acknowledging that the 4 grams of MDMA fell below the commercial quantity threshold, noted that the bar under Section 37 of the NDPS Act for granting bail was not applicable.

Addressing the prosecution’s concerns about Aniagboso being a foreign national and a potential flight risk, Mr. Shinde proposed that the court could impose a condition that Aniagboso not be released on bail until his passport is produced. The court agreed that such a condition would cause “no prejudice to the prosecution.” It also noted the absence of an address proof annexed to the bail application, necessitating a condition for its submission.

Considering these factors and the need to secure Aniagboso’s presence until the final disposal of the case, especially given his status as a foreign national, the court imposed several strict conditions.

Chie Basil Aniagboso alias Basil Chife Aniboso has been ordered to be released on bail upon executing a personal recognizance (P.R.) bond of Rs. 50,000/- and a surety of the like amount. He is permitted to submit one or more sureties and has been given six weeks to arrange for a surety. In the interim, he can be released on a provisional cash security of Rs. 75,000/-, subject to compliance with other bail conditions.

The detailed conditions for his bail include:

• Submitting his photograph as well as passport with Visa before release on bail.
• Producing his residential proof at Mumbai within one month of being released on bail.
• Reporting to the officer In-charge of ANC Azad Maidan Unit, Mumbai, every Monday between 11:00 a.m. to 2:00 p.m. until the chargesheet is filed.
• After the chargesheet is filed, reporting to the said officer on the last Monday of each month between 11:00 a.m. to 2:00 p.m. until the final disposal of the case.
• Not tampering with prosecution evidence and obeying the usual terms and conditions of bail bonds.
• Not leaving India without prior permission of the court until further order.

The bail application stands disposed of accordingly, marking a conditional release for the Nigerian national while the legal proceedings continue.