Mumbai: In a significant decision, the Special Court for Narcotics Drugs and Psychotropic Substances (NDPS) Act at Greater Bombay has rejected the bail application of Rashid Hasan Faras, a 34-year-old driver from Bhatkal, Karnataka, who is implicated in an alleged international drug trafficking operation. The order, delivered by Special Judge (NDPS) Shri U.M. Mudholkar on November 21, 2018, cited the commercial quantity of contraband involved and the crucial stage of the ongoing investigation as primary reasons for denying bail. Faras, identified as an accused in NDPS Spl. Remand Application No. 917 of 2018, faces charges under Sections 8(c) read with 22(C), 23, and 29 of the NDPS Act, 1985.
The prosecution, represented by Ld. APP Mr. Panjwani, laid out the case in court, stating that officers of the Anti Narcotic Cell (ANC), Kandivali Unit, Mumbai, received intelligence from CSI Airport, Mumbai. This information indicated that a co-accused, Furkana, was attempting to travel to Qatar with suspicious baggage. Following this tip-off, PI Kadam recorded the information and, with the assistance of a dog sniffing squad, inspected Furkana’s three bags. Inside, concealed within storybooks, wax bangles, and skipping ropes, authorities discovered 465 grams of Amphetamine, a psychotropic substance, valued at Rs. 23,25,000/-. The contraband was seized, and an FIR was lodged, leading to Furkana’s arrest and the registration of crime CR No. 41/2018.
During her custodial interrogation, co-accused Furkana reportedly disclosed that the trolley bags were given to her by co-accused Tabassum and the applicant, Rashid Faras, at Hotel Shalimar. This led to the arrest of both Tabassum and Faras. Further interrogation of Rashid Faras revealed that individuals named Abdul Rashid, Niyaz, Shoeb, and co-accused Mustakeem had stayed at Hotel Zhamzham. Faras allegedly admitted that, as per Mustakeem’s instructions, the baggage was handed over to him, and he, with the help of Tabassum, then handed it over to Furkana at Hotel Shalimar for transport to Qatar. Rashid Hasan Faras has been in judicial custody since the cessation of his ANC custody.
Mr. Tabrez Jabali, appearing as Ld. Advocate Mr. S.M. Shoeb for the applicant, argued that his client was falsely implicated in the crime. He emphasized that no contraband was recovered from Rashid Faras either at the time of arrest or during the subsequent investigation. The defense contended that Faras’s arrest was solely based on the statement of a co-accused, which, they argued, cannot be considered legal evidence at this stage. Furthermore, the defense submitted that Faras had been thoroughly interrogated, and his continued judicial custody was unwarranted. Highlighting that the applicant is a permanent resident of Karnataka with deep roots in society, the defense assured the court that Faras was prepared to abide by any conditions imposed for his release on bail.
The respondent State, through its reply dated November 13, 2018, strongly opposed the bail plea. The prosecution underscored that a commercial quantity of Amphetamine (465 grams) was recovered from co-accused Furkana, and it was being illegally exported to Qatar from Mumbai with the alleged assistance of Faras and his associates. The prosecution stressed that the investigation was still active and at a critical juncture, necessitating Faras’s continued detention.
After carefully considering the detailed submissions and the available record, Special Judge Shri U.M. Mudholkar acknowledged that while no contraband was physically seized from Rashid Faras, the investigation had revealed that the contraband was indeed handed over to the primary accused, Furkana, by co-accused Tabassum and her associate, the present applicant. The court further noted that the investigation indicated the contraband was originally given to Faras by co-accused Abdul Rashid, Mustakeem, and their associates. Based on these revelations, the court found that, at this preliminary stage, there was prima facie material on record demonstrating Faras’s involvement in the alleged offenses.
The court highlighted that given the commercial quantity of Amphetamine seized and the apparent adherence to due procedure during the seizure, the stringent provisions of Section 37 of the NDPS Act would apply. This section typically imposes severe restrictions on the grant of bail, requiring the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and is unlikely to commit any offense while on bail. The court also observed that the investigation was not only ongoing but at a “crucial stage,” involving the analysis of Call Detail Records (CDRs) and the expertise of cyber specialists, as well as the scrutiny of CCTV footage. Crucially, the court noted that several accused persons, namely Shoeb, Niyaz, Munis, and Mohasin, were yet to be arrested to ascertain the full extent of their complicity. The court concluded that releasing the applicant on bail at this juncture could seriously prejudice the investigation agency.
Considering all these factors, the court determined that granting bail to an accused facing charges that could lead to a rigorous punishment of 20 years was “not at all desirable.” Consequently, the court rejected Bail Application No. 770 of 2018, disposing of the matter. The order was signed on November 21, 2018, and uploaded on November 22, 2018, cementing Rashid Hasan Faras’s continued custody as the investigation progresses.