Mumbai, November 2, 2018 – Farooq Mohd. Naim Chaudhary, 44, who was arrested in connection with the seizure of 30 grams of Mephedrone (MD), has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. His Honour Judge M. S. Mungale (C.R. No. 44) issued the order today, allowing Chaudhary’s release on bail with specific conditions.
Chaudhary, an Indian inhabitant residing in Nagpada, Mumbai, was arrested in Nagpada police station L.A.C. No. 184/2018. He had filed an application under Section 439 of the Code of Criminal Procedure seeking his release.
Prosecution’s Allegations
According to the prosecution’s case, on October 24, 2018, police officers from Nagpada police station were on patrol when they observed Chaudhary standing in a suspicious condition in front of Nawab Chawl, Jairajbhai Lane, Nagpada. They apprehended him and, following proper procedure, conducted a personal search, leading to the discovery of 30 grams of Mephedrone (MD). The estimated value of the seized contraband was stated to be Rs. 60,000/-.
The Investigating Officer (I.O.) further contended in their reply that, during interrogation, Chaudhary admitted to possessing the contraband for illegal sale. The I.O. also stated that Chaudhary revealed the name of a lady named Sakina, residing in Mahim, Mumbai, from whom he claimed to have purchased the MD. However, Sakina was not found at the specified location.
The I.O. expressed apprehension that if Chaudhary were released on bail, he might alert Sakina and help her abscond, potentially tampering with prosecution evidence.
Court’s Decision
After hearing arguments from Mr. Lad, the learned advocate for the applicant, and Mr. B. G. Rajput, the learned A.P.P. for the State, and reviewing the police papers, the court made a crucial observation regarding the quantity of the seized contraband.
Judge Mungale noted that the alleged 30 grams of Mephedrone falls into the category of “above small quantity, but, below commercial quantity i.e. non commercial quantity.” This distinction is vital in NDPS cases because it means that “there is no bar for granting bail under Section 37 of the N.D.P.S. Act,” which imposes strict conditions for bail in cases involving commercial quantities.
The court also considered that Chaudhary is a permanent resident of Nagpada, Mumbai, which helps ensure his presence for future proceedings. The judge concluded that by imposing certain conditions, the purpose of securing his presence for interrogation whenever necessary would be served.
Bail Conditions
The court granted Bail Application No. 794/2018 with the following terms:
- Bail Bond: Farooq Mohd. Naim Chaudhary is to be released on a Personal Recognizance (P.R.) bond of Rs. 25,000/- and a surety of the like amount.
- Surety Flexibility: He has the liberty to submit one or more sureties to match the required amount.
- Provisional Cash Security: Chaudhary is allowed six weeks to submit the sureties. In the interim, he will be released on a provisional cash security of Rs. 25,000/-.
- Reporting to Police: He must report to the Nagpada police station every Friday between 9:00 a.m. to 11:00 a.m. until the charge-sheet is filed.
- Reporting Diary: Chaudhary is required to maintain a diary for reporting his presence and produce it before the court on each adjourned date.
- Bail Cancellation Clause: If he commits two consecutive defaults in reporting, his bail bonds will be cancelled.
- Identity Proof: Before release, he must submit his residential address proof and photograph on record.
- No Tampering: He is strictly prohibited from tampering with the prosecution evidence.
The application stands disposed of accordingly. This decision highlights the legal distinction in NDPS cases based on the quantity of contraband and the judiciary’s approach to balancing personal liberty with investigative needs.