Mumbai, Maharashtra – Faizami Ekam Peter, a Nigerian national accused of possessing 52 grams of cocaine, has been granted regular bail by the Special Judge for NDPS Cases, Shri V.V. Vidwans (CR No. 42), on December 5, 2018. The court’s decision hinged on the quantity of the seized contraband being classified as “non-commercial,” thereby lifting the stringent conditions typically imposed by Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Peter was arrested on November 12, 2018, by MRA Marg police, as per C.R. No. 46/18. The prosecution’s case stated that PSI Shinde and his team, while on patrolling duty in South Mumbai, found Peter behaving suspiciously near Sir S.R. Road, Ballard Pier. A personal search allegedly led to the recovery of 52 grams of cocaine from his pocket. The illicit market value of the seized cocaine was estimated at ₹2,60,000.
Arguments Presented in Court
Ld. Advocate Mr. Liman, representing Faizami Ekam Peter, argued that since 52 grams is a non-commercial quantity of cocaine, the restrictive provisions of Section 37 of the NDPS Act do not apply to this case. He cited instances where the Hon’ble High Court had granted bail in similar circumstances. He also highlighted that Peter had been in custody since his arrest and was prepared to comply with any conditions imposed by the court.
Conversely, Ld. APP Mr. P.S. Tawade, appearing for the State, strongly opposed the bail application. He emphasized the serious nature of the alleged offense and the value of the seized contraband. A key point of contention for the prosecution was Peter’s status as a Nigerian national without a permanent residential address in India, which, they argued, made him likely to abscond if granted bail. The investigation was also stated to be ongoing.
Court’s Rationale and Bail Conditions
After carefully considering the arguments and the “say” (statement/reply) filed by the Ld. APP, Judge Vidwans concurred with the defense regarding the quantity of cocaine. The court explicitly stated, “It is clear from the facts and circumstances of the case that, quantity of seized contraband i.e. 52 gms Cocaine is a non-commercial quantity, therefore stringent provisions of Sec.37 of NDPS Act are not attracted in this case.”
While acknowledging that Peter is a foreign national without a permanent Indian address, the court determined that “on that ground alone bail application cannot be rejected.” The judge concluded that imposing “stringent conditions” would adequately serve the prosecution’s purpose.
Accordingly, Faizami Ekam Peter has been granted bail upon executing a Personal Recognizance (P.R.) Bond of ₹1,00,000 with one or two solvent sureties for the like amount.
The bail is subject to the following strict conditions:
- Within one week of his release, Peter must furnish a written undertaking stating he will not leave India without the prior permission of the court.
- Within fifteen days of his release, he must provide proof of identity and proof of residence in Mumbai when executing the bail bond.
- He is required to attend the Investigating Officer (I.O.) at MRA Marg Police Station once in a fortnight on the 1st and 3rd Saturday of each month between 11:00 AM and 2:00 PM until the charge-sheet is filed. If the I.O. is absent, he must report to the Police Station Officer (PSO) In-charge.
- His passport shall remain deposited with the concerned police station until further orders from the court.
- He shall not tamper with prosecution witnesses or evidence in any manner.
The court warned that any breach of these conditions would result in the cancellation of his bail. The Bail Application No. 854 of 2018 stands disposed of accordingly. This decision highlights the legal nuances in NDPS cases, where the quantity of seized drugs plays a crucial role in determining the applicability of stricter bail provisions.