Mumbai, Maharashtra – In a recent development, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, in Greater Bombay, has granted bail to Melvin Michael Liger, an individual arrested in connection with a drug recovery case. The order was passed by Special Judge Shri A.V. Kharkar on November 21, 2023.

Liger was facing charges under Section 8(c) read with Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), following his arrest by officers of Vakola Police Station in CR. No. 132 of 2023.

Allegations and Recovery

According to the prosecution’s case, on September 16, 2023, at approximately 1:30 PM, police received intelligence regarding an “anti-national suspect criminal” residing in a lodge in the Saki Naka locality, against whom a proclamation had been issued in another FIR by Santacruz Police Station.

Acting on this information, a police team raided the lodge and found accused Mohd. Hashim Mohd. Jaffer Shaikh in a room along with Melvin Michael Liger (the present applicant) and other individuals. During a personal search, 4 grams of MD (Mephedrone) were reportedly seized from accused No. 1, and 3 grams of MD each were seized from the others present, including Liger. The contraband was seized under a panchanama (witnessed seizure report), and all individuals were arrested.

However, a critical detail emerged during the investigation: while the initial report indicated MD was seized from Liger, it was later clarified that “nothing is seized from him” directly. Instead, during interrogation, the co-accused reportedly disclosed that the contraband was purchased from the present applicant, Melvin Michael Liger, leading to his arrest.

Arguments for and Against Bail

Ms. Saba Shaikh, the advocate representing Melvin Michael Liger, argued that the quantity of contraband seized was a “non-commercial quantity.” This distinction is crucial under the NDPS Act, as it means the bar of Section 37 of the NDPS Act would not apply. Section 37 imposes stringent conditions for bail when commercial quantities of drugs are involved, making it difficult for an accused to secure release unless the court is satisfied there are reasonable grounds to believe they are not guilty and will not commit further offenses while on bail. Since the quantity was non-commercial, these rigorous conditions were bypassed. Ms. Shaikh also raised concerns about “non-compliance with the statutory provisions regarding search and seizure.”

On the other hand, APP Ms. Geeta Nayyar, representing the State, opposed the bail application, emphasizing that the investigation was still in progress and urged the court to consider the “gravity of offence.”

Court’s Decision and Rationale

After hearing both sides and perusing the prosecution’s submitted “say” (reply), the Special Judge noted that the seized contraband was indeed a “non-commercial quantity,” thus affirming that Section 37 of the NDPS Act would not apply.

The court also took into consideration that there were “no criminal antecedents” brought to its attention regarding Melvin Michael Liger. Based on these factors, the court concluded that there was “no impediment to release the accused on bail.”

Bail Conditions Imposed

The court granted bail to Melvin Michael Liger, ordering his release upon furnishing a solvent surety and a Personal Recognizance (P.R.) bond of ₹50,000/- (Rupees Fifty Thousand Only). The bail comes with several conditions to ensure cooperation with the ongoing investigation and trial:

• Residential and Contact Information: The applicant and his surety must provide their residential addresses, mobile numbers, and email addresses (if any).
• No Tampering: Liger is strictly prohibited from tampering with evidence or attempting to induce or threaten prosecution witnesses.
• Regular Presence: To ensure he does not flee, Liger is required to mark his presence at Vakola Police Station every Tuesday and Friday between 11:00 AM and 4:00 PM, until further orders from the court.
• Proof of Residence and Passport: Prior to his release, Liger must furnish proof of his residential address and deposit his passport, if he possesses one, with the Investigating Officer, under intimation to the court.
• No Similar Offenses: Liger is mandated not to commit any offense of a similar nature while on bail.

With this order, Bail Application No. 892 of 2023 has been disposed of. The case will now proceed as per the bail conditions, allowing Liger to participate in the ongoing investigation and trial from outside custody.