Mumbai: The Special Judge for NDPS (Narcotic Drugs and Psychotropic Substances) Cases at Greater Mumbai, B.Y. Phad (C.R.44), has granted regular bail to Saadullah Abdul Majid Idirisi, 24, who was arrested in connection with the seizure of cough syrup containing codeine. The order, passed on January 12, 2024, emphasizes the vitiation of the search procedure due to it being conducted by an unauthorized officer. Idirisi is released on a personal bond of Rs. 60,000/- with a solvent surety of the same amount.
Idirisi, a service professional residing in Govandi, Mumbai, was arrested in Shivaji Nagar Police Station Crime No. 1061 of 2023 for offenses punishable under Section 8(c) read with 22 of the NDPS Act, 1985.
Prosecution’s Allegations
According to the prosecution, on December 1, 2023, Police Constable No. 040493 of Shivaji Nagar police station, along with API Khillare and staff, were on patrolling duty. They observed Idirisi carrying a black plastic bag with suspicious articles. After Idirisi allegedly gave evasive answers, API Khillare contacted the Police Inspector and called panch witnesses.
The prosecution claimed that after Idirisi was informed of his right under Section 50 of the NDPS Act to be searched before a Gazetted Officer or a Magistrate (which he declined), Police Constable No. 040493 conducted a search of the plastic bag. This search allegedly yielded 11 bottles of “Coding Phosphate & Triprolidine Hydrochloride Syrup, ONEREX COUGH SYRUP,” each 100 ml, valued at Rs. 1,870/- (market value Rs. 5,500/-). Each bottle contained 10 mg of Codeine Phosphate. A personal search of Idirisi reportedly found an iPhone XR and a Rs. 500/- currency note, which were also seized. Idirisi allegedly admitted to having no license and intending to sell the syrup for intoxication. The prosecution argued that the offense is serious, with about four accused arrested, and that releasing Idirisi might hamper the ongoing investigation.
Applicant’s Defense and Court’s Analysis
Ms. Puja Yadav, the advocate for Saadullah Abdul Majid Idirisi, argued that her client was falsely implicated. She asserted that the entire search and seizure was conducted by a Police Constable, which violated mandatory provisions under Section 42 of the NDPS Act, as only officers empowered under this section (of or above the rank of Head Constable in Maharashtra as per a 1985 Government Notification) can conduct such searches.
Ms. Yadav highlighted that the total quantity of codeine from all 11 bottles (10 mg per bottle) would be only 0.11 grams (110 mg), which is less than the small quantity of codeine (10 grams) and significantly below the commercial quantity (1 kilogram). However, she primarily focused on the vitiation of the search procedure.
She relied on several rulings from the Hon’ble Apex Court and Hon’ble Bombay High Court, including:
- Mohammad Salam Hanif Shaikh Vs. The State of Gujarat (22.08.2022): Where the court found it unnecessary to go into the quantity of cough syrup for bail, focusing on other aspects.
- Haji Mohd. Abdul Kadar Bhumedia Vs. The State of Maharashtra (23.08.2023): Where bail was granted because a Police Naik (below Head Constable rank) conducted the personal search, rendering it invalid despite a superior officer’s presence.
- Shafat Mausin Khan Vs. The State of Maharashtra (18.10.2023): Where bail was granted because a Police Constable, who was not an empowered officer, conducted the personal search, indicating a reasonable ground to believe the applicant was not guilty.
Ms. Yadav also emphasized that Idirisi has no criminal antecedents, is the sole breadwinner for his family, has a permanent residence, and would not abscond.
Court’s Conclusion
Special Judge B.Y. Phad agreed with the applicant’s counsel, stating that the cited rulings from the Hon’ble Bombay High Court were “squarely applicable to the facts of the present case.” The court specifically noted that since the search was conducted by a Police Constable, who is not an empowered officer as per the Government Notification of November 14, 1965, the entire “proceeding is vitiated.”
The court concluded that, given the illegal search, “it cannot be said that the applicant has committed any offence under the NDPS Act or will commit like offence in future.” Considering the applicant’s clear antecedents and permanent place of abode, the court deemed it proper to release him on bail with stringent conditions.
Bail Conditions
Accordingly, NDPS Bail Application No. 1081 of 2023 was allowed. Saadullah Abdul Majid Idirisi is to be released on bail subject to the following stringent conditions:
- He must report to Shivaji Nagar Police Station every Sunday between 10:00 a.m. to 11:00 a.m. until the final report (charge-sheet) is filed.
- He is prohibited from leaving Mumbai’s jurisdiction without explicit court or investigating officer’s permission and must surrender his passport (or file an affidavit confirming no passport) within one month.
- He is strictly prohibited from contacting co-accused, witnesses, or individuals associated with the case, and must not tamper with evidence.
- He must maintain his current residential address in Govandi, Mumbai, and inform the court/IO of any changes. He must also provide active mobile numbers and report any changes.
- He must not interfere with the ongoing investigation and shall fully comply with law enforcement.
- He is prohibited from engaging in activities related to the registered offense.
- He must comply with all reasonable directions from law enforcement agencies or investigating officers.
- Before release, he must furnish a list of three blood relatives with detailed residential and work addresses and documentary proofs.
The court warned that failure to adhere to any of these conditions would result in immediate bail revocation and potential further legal consequences.
The order was signed on January 16, 2024, and uploaded on January 17, 2024.