Mumbai, Maharashtra – November 15, 2018 – The Special Judge for N.D.P.S. Cases at Greater Mumbai, M. S. Mungale (C.R. NO.44), has granted bail to Uchenna Nwoye, a 32-year-old Nigerian national, who was arrested by the Anti Narcotic Cell (ANC), Azad Maidan Unit, in connection with N.D.P.S. C.R. No. 49 of 2018. The bail was granted in N.D.P.S. Bail Application No. 789 of 2018.

Case Background:

According to the prosecution, on October 25, 2018, based on secret information, a raid was conducted on the road below the Eastern Freeway Flyover, Mumbai Port Trust Road. During this raid, 50 grams of Cocaine, valued at approximately Rs. 2,50,000/-, was allegedly seized from Nwoye’s possession.

Arguments for Bail:

Learned Advocate Mr. S. R. Patil, representing Uchenna Nwoye, argued that the quantity of Cocaine seized was above small quantity but below commercial quantity. Therefore, he contended that the stringent bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), which typically restricts bail in cases involving commercial quantities, was not applicable to his client.

Prosecution’s Opposition:

Learned A.P.P. Mr. B. G. Rajput, representing the State, opposed the bail application primarily on the ground that Nwoye is a foreign national (Nigerian citizen). He expressed concerns that if released on bail, Nwoye might abscond or return to his home country, thereby failing to appear in court to face the trial.

Court’s Reasoning and Decision:

Special Judge M. S. Mungale carefully considered the arguments from both sides. The court noted that the remand papers clearly indicated that the Investigating Officer (I.O.) had already seized both Nwoye’s Passport and Visa. This crucial detail directly addressed the prosecution’s primary concern about Nwoye potentially absconding.

The Judge reasoned that “unless the Passport and the Visa is returned back to the applicant/accused, there is no possibility of his going back to his country.” The court further stated that issuing directions to the I.O. not to return these documents without the court’s permission would effectively serve the purpose of ensuring Nwoye’s continued presence. Other conditions could also be imposed to secure his attendance during the trial.

The court reiterated that since the alleged quantity of Cocaine seized was non-commercial, the applicant was indeed entitled to be released on bail. Importantly, the I.O. had not contended that any other criminal case of a similar nature was pending against Nwoye.

Bail Conditions:

Based on these considerations, the court allowed Bail Application No. 789/2018 with the following terms:

1. Uchenna Nwoye shall be released on bail upon executing a Personal Recognizance (P.R.) bond of Rs. 1,00,000/- and providing a surety of the like amount.
2. He is permitted to submit one or more sureties to meet the required amount.
3. Before release, Nwoye must submit his residential address in Mumbai with documentary proof.
4. He must also provide his photograph and identity proof.
5. Nwoye shall report to the Anti Narcotic Cell, Azad Maidan Unit, Mumbai, every Monday between 9:00 a.m. to 11:00 a.m. until the final disposal of the case.
6. Until further order, the applicant shall not leave the jurisdiction of this Court without its permission.
7. The applicant shall not tamper with the prosecution evidence.

Crucially, the court also ordered the Investigating Officer not to return Nwoye’s Passport and Visa without the explicit permission of the court. A copy of the order will be supplied to the I.O. for compliance.

The application stands disposed of accordingly.