The Special Judge for NDPS Cases in Greater Mumbai, B. Y. Phad (C.R.44), has granted regular bail to Azhar Abdul Rahman Basha in connection with a case involving the seizure of 3.88 kgs of Pseudoephedrine.

The order was issued on April 2, 2024, releasing the applicant on a personal bond of Rs. 60,000/− with one or two solvent sureties of the like amount.

Controlled Substance and Section 37 Bar

The applicant was arrested by the Narcotic Control Bureau (NCB) under Sections 9A r/w 25A,28 and 29 of the NDPS Act, 1985. The core of the defense’s argument, supported by numerous judicial precedents, was:

• Pseudoephedrine is a Controlled Substance: The court acknowledged that the substance seized, Pseudoephedrine, falls under the category of a controlled substance, not a narcotic drug or psychotropic substance.
• Section 37 Not Applicable: Since the offence is primarily punishable under Section 25A (offences relating to controlled substances), the strict restrictions imposed by Section 37 of the NDPS Act—which make bail extremely difficult for commercial quantity offences—are not applicable.

Despite the NCB’s objection that the investigation was at a preliminary stage and that the applicant was identified by an agent as having booked the consignment, the court found it proper to release the applicant by imposing stringent conditions, noting that he appeared to be “well rooted in the society.”

Stringent Conditions Imposed

The court imposed highly restrictive conditions, particularly concerning the applicant’s movement, as his residence is in Tamilnadu:

• Mandatory NCB Reporting: The applicant is directed to report to the office of NCB, Mumbai Zonal Unit, every Sunday between 10:00 a.m. and 11:00 a.m. until the filing of the final report (charge-sheet).
• Restricted Jurisdiction: The applicant is prohibited from leaving the jurisdiction of Tamilnadu without explicit permission from the investigating officer or the Court.
• No Contact/Tampering: The applicant is strictly prohibited from making any contact with co-accused, witnesses, or from tampering with any evidence.
• Passport Surrender: The applicant must surrender his passport, if any, to the Investigating Officer within a week, or file an affidavit stating he does not possess one.
• Residential Proof: The applicant must maintain his stable residence in Tamilnadu and must provide detailed information about three blood relatives and their addresses.

The court explicitly warned that failure to adhere to any of these conditions will result in the immediate revocation of bail.