Mumbai, December 21, 2018 – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has granted bail to two Nigerian nationals, Jonson Ude Ime (44) and Egue Edam Felix (46), who were arrested in connection with a cocaine seizure. The order, passed by His Honour Special Judge M. S. Mungale on December 19, 2018, allows their release on bail with a P.R. bond of Rs. 50,000/- each and a surety of the like amount.

Both applicants, engaged in the cloth business and residing in Koparkhairne, Navi Mumbai, were apprehended on October 20, 2018, during a police patrol. The Anti-Narcotics Cell (ANC), Azad Maidan Unit, Mumbai, in C.R./L.A.C. No. 47/18, alleged the seizure of 10 grams of cocaine from Jonson Ude Ime and 15 grams from Egue Edam Felix.

Prosecution Concerns and Defense Arguments

The Investigating Officer vehemently opposed the bail application, citing several concerns:

• Foreign Nationals: Both accused are Nigerian nationals.
• Illegal Stay: They reportedly failed to produce their passports and Visas during interrogation, suggesting they might be residing in Mumbai illegally.
• Flight Risk: The prosecution argued that if granted bail, they would abscond and not appear for trial.
• Habitual Offenders: The Investigating Officer claimed they were “habitual offenders.”

Mr. V. P. Shinde, the learned Advocate representing the accused, countered these claims. He stated that his clients had personally informed him that their passports and Visas were “attached by the Police Officer,” directly contradicting the Investigating Officer’s assertion that none of the five accused (in this broader case) possessed such documents at the time of the incident.

Court’s Ruling and Conditions

Crucially, the court noted that the quantity of cocaine seized from both individuals – 10 grams and 15 grams respectively – was above a “small quantity” but “below commercial quantity.” This distinction is vital under Section 37 of the NDPS Act. The judge highlighted that because the seized amount was below commercial quantity, there is no statutory bar to granting bail under this stringent provision.

Addressing the prosecution’s concerns about the applicants being foreign nationals and a potential flight risk, the defense proposed imposing strict conditions. The court agreed, recognizing the need to secure their presence for trial.

The Special Judge M. S. Mungale, after hearing arguments from both sides, allowed the bail application with the following comprehensive conditions:

• Bail Bond and Surety: Jonson Ude Ime and Egue Edam Felix will be released on executing a P.R. bond of Rs. 50,000/- each and a surety of the like amount. They have the liberty to submit one or more sureties.
• Provisional Cash Security: A period of six weeks has been granted to arrange for the surety. In the interim, both accused can be released on a provisional cash security of Rs. 75,000/- each.
• Documentation Requirement: They must submit their photographs as well as their passports with valid Visas on record before being released on bail.
• Address Proof: Within one month of their release, they are required to produce proof of their residential address in Mumbai.
• Regular Reporting: To ensure their presence, they must report to the Officer In-charge of the Anti Narcotic Cell, Azad Maidan Unit, Mumbai, every Monday between 11:00 a.m. and 2:00 p.m. until the charge-sheet is filed. After the charge-sheet is filed, this reporting frequency will reduce to the last Monday of each month during the same hours, until the final disposal of the case.
• No Tampering: They are strictly ordered not to tamper with prosecution evidence and to abide by the usual terms and conditions of bail bonds.
• Travel Restriction: Until further orders, they shall not leave India without prior permission of the Court.

The order was dictated on December 19, 2018, and subsequently signed on December 21, 2018, when it was also uploaded. This decision reflects the court’s careful balancing act between the severity of the alleged offense, the specific legal provisions of the NDPS Act, and the need to ensure the accused’s presence for trial, particularly for foreign nationals.

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