Mumbai, December 15, 2018 – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Bombay today granted bail to Chukwve Meka Daniel Ajah, a 24-year-old Nigerian national, in connection with a cocaine seizure case. Special Judge Shri U.M. Mudholkar, presiding over Court Room No. 43, ordered Ajah’s release on bail, citing that the quantity of cocaine found in his individual possession was non-commercial.
Ajah, who was arrested on September 4, 2018, by officers of Malwani Police Station, faced charges under Sections 8(c) read with 21 and 29 of the NDPS Act. The prosecution’s case alleged that a raid on September 4, 2018, led to the seizure of a total of 152 grams of cocaine from Ajah and his associates. Specifically, Ajah was found to be in possession of 22 grams of cocaine.
In his bail application (Bail Application No. 839 of 2018), Ajah contended that he was falsely implicated and that the 22 grams of cocaine allegedly seized from him falls under the category of non-commercial quantity, thereby not attracting the stringent bar of Section 37 of the NDPS Act. He expressed willingness to abide by any conditions imposed by the court, including surrendering his passport to prevent absconding, and highlighted his lack of prior criminal antecedents. His counsel, Ld. Advocate Mr. V.P. Shinde, further argued that the investigation was complete, and thus, his continued judicial custody was unwarranted.
The respondent, the State of Maharashtra, represented by Ld. APP Mr. Panjwani, opposed the bail, asserting that the contraband was seized following due process. The prosecution voiced concerns that being a foreign national, Ajah might abscond if released, or potentially indulge in similar illegal activities.
After hearing arguments from both sides and reviewing the records, Judge Mudholkar observed that the 22 grams of cocaine found in Ajah’s individual possession was “undoubtedly non-commercial quantity,” thus confirming that the bar under Section 37 of the NDPS Act was not applicable to his individual possession.
Crucially, the court addressed the fact that the total quantity of cocaine seized from Ajah and his two associates amounted to 110 grams, which is a commercial quantity. However, the judge cited the Supreme Court’s judgment in Amarsingh Ramjibhai Barot V/s. State of Gujarat [206 ALL MR (Cri.) 229 (S.C.)], which held that if two accused persons are found together with a quantity of heroin that is individually less than the commercial quantity, Section 29 (conspiracy) is not attracted unless there is material to indicate a conspiracy. The court found no material to indicate a conspiracy between the present applicant and the co-accused, thereby precluding the aggregation of the total quantity against him for the purpose of Section 37.
The court further noted that Ajah had been in custody since his arrest on September 4, 2018, and that the charge-sheet had already been filed. Given that the majority of witnesses are police officers, the likelihood of tampering with evidence was deemed minimal. The court also considered that nothing further needed to be recovered or discovered at the applicant’s instance and acknowledged that the conclusion of the trial would likely take a considerable amount of time, making prolonged detention undesirable.
Considering Ajah’s willingness to surrender his passport, which would minimize the risk of absconding, and the absence of any criminal antecedents, the court concluded that the application deserved to be allowed.
Order:
- Bail Application No. 839/2018 is allowed.
- Chukwve Meka Daniel Ajah is to be released on bail upon executing a P.R. Bond of Rs. 1,00,000/- (Rupees One Lakh only), with one or two sureties in the like amount.
- The applicant shall not directly or indirectly dissuade any prosecution witnesses from deposing or tamper with prosecution evidence.
- Before his release, the applicant must surrender his passport with the Registrar (Sessions) of the Court and file documentary proof of his present place of residence.
- The Bail Application stands disposed of.
The order was typed, checked, and signed on December 15, 2018, and uploaded on the same day.