Mumbai, India – October 22, 2018 – The Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Mumbai today rejected the bail application of Ahmed Saleh Ahmed Mareai, a 32-year-old Yemeni student, in connection with a large-scale international khat smuggling operation. Mareai, identified as Accused No. 3 in NDPS Remand Application No. 715 of 2018, was arrested by officers of the Directorate of Revenue Intelligence (DRI), Mumbai, for alleged offenses under Sections 8(c) read with 22(b), 23, 28, and 29 of the NDPS Act, 1985.
The Prosecution’s Case: A Syndicate Uncovered
The prosecution, represented by Ld. SPP Mr. Saldanha, outlined a detailed case against Mareai and his alleged associates. The investigation began on February 27, 2018, with specific intelligence about large quantities of African leaves, commonly known as Catha Edulis, Khat Leaves, or Miraa Leaves, being smuggled into India from Ethiopia through postal services. Authorities also suspected past consignments had been successfully cleared.
Acting on this information, DRI officers intercepted a parcel at the Airport Postal Sorting Office (APSO, Mumbai) on July 13, 2018. The parcel, along with another identified during examination, contained a total of 32.80 kg of dry green leafy substance believed to be Khat leaves. These were seized under the reasonable belief that they were smuggled in contravention of the NDPS Act.
Further intelligence led officers to Hotel Akbar Khidmat, Room No. 1008, Mohd. Ali Road, Mumbai, occupied by co-accused Abdulaziz. A search of the premises yielded an additional 4.156 kg of dry green leaves, also purported to be Catha Edulis/Khat/Miraa Leaves, which were subsequently seized.
Ahmed Saleh Ahmed Mareai and two associates were summoned to the DRI Office, where their statements were recorded. Co-accused Abdulaziz allegedly confessed to tracking and receiving khat consignments in India for further delivery to Yemeni individuals, acting on directions from his associates. The statement of co-accused Amir indicated his involvement in smuggling khat leaves into India by importing them disguised as “Green tea” for financial gain.
Crucially, the statement of the applicant, Ahmed Saleh Ahmed Mareai, revealed that he had purchased 40 kg of khat leaves from co-accused Amir approximately 15 days prior to his arrest and delivered the same to an individual named Naje in the USA, for which he was receiving a commission.
Expanding Scope: Multiple Seizures and Commercial Quantity
The investigation revealed that five consignments of such leaves were dispatched from Addis Ababa and received in Mumbai by co-accused Abdulaziz. Mareai and his two associates were arrested on July 18, 2018.
The total seizure of 32.8 kg and 4.1 kg of Catha leaves in Mumbai was deemed by the prosecution to belong to the same syndicate. During the course of further investigation, DRI officers made additional significant seizures: 166.19 kg of Catha leaves in Mumbai and 112.500 kg in Kolkata, all purportedly sent by the same drug syndicate from Addis Ababa.
This brings the total quantity of Catha Edulis seized to 278.690 kg, a quantity the prosecution firmly asserted falls under the category of a commercial quantity as per Notification No. 724 dated February 27, 2018. The combined seizures across different locations significantly impacted the court’s decision, as this quantity attracts the stringent provisions of Section 37 of the NDPS Act, which typically bars bail for commercial quantity offenses unless specific conditions are met.
Defense Arguments: Jurisdiction and Non-Commercial Quantity
Ld. Advocate Mr. Bhandary, representing the applicant, argued for bail primarily on the grounds that Mareai was falsely implicated. He contended that the quantity of Catha Edulis allegedly seized from the present applicant’s possession in Mumbai was a non-commercial quantity, and therefore, the bar under Section 37 of the NDPS Act should not apply.
A key point of contention raised by the defense was that the seizures effected within the jurisdiction of Kolkata should not be taken into consideration for the purpose of the present crime in Mumbai. He argued that these were deliberately “foisted” to inflate the quantity and categorize it as a commercial offense.
Mr. Bhandary further submitted that the applicant had already retracted his statement and that his passport had been seized by the investigating agency, minimizing the possibility of his abscondance if released on bail. He assured the court that Mareai would abide by any conditions imposed for bail.
Court’s Ruling: Conspiracy and Collective Quantity
His Honor, Special Judge (NDPS) Shri. U. M. Mudholkar, after carefully reviewing the submissions and records, found no dispute regarding the notification specifying that for Catha Edulis, a small quantity is 5500 grams and a commercial quantity is 275 kg.
The court specifically addressed the defense’s argument regarding jurisdiction, stating that “When during the course of investigation seizure is made at different places or even in different states of India, it cannot be said that the seizure made beyond the jurisdiction of one court cannot be taken into consideration by the other court.”
Judge Mudholkar emphasized that the investigation indicated the applicant and his associates’ complicity in the Catha Edulis seized at both Mumbai and Kolkata, and that they were operating internationally in a syndicate manner. The court held that the seizures made at different places, to which the applicant and his associates are connected, must be considered in their totality and not in segregation.
“The alleged offenses, at least at this prima facie stage when charge-sheet is not yet filed, appear to have been committed in conspiracy and therefore, the role of the applicant and his associates cannot be segregated, even for the determination of the quantity or individual possession,” the order stated.
Given that the total quantity of Catha Edulis seized so far is 278.690 kg, which is undeniably a commercial quantity, the court concluded that the bar under Section 37 of the NDPS Act is indeed attracted, thus disentitling the applicant to bail.
Prejudicial Release and Ongoing Investigation
The court further noted that the investigation so far “demonstrates the culpability of the present applicant in the commission of serious offences under the provisions of NDPS Act, which attracts very stringent punishment.” It highlighted that the investigation is at a “very crucial stage” and that there is a “every possibility that there may be further seizure and the arrest of the other masterminds.”
The Special Judge concluded that Mareai’s release on bail would “certainly be prejudicial not only to the investigation agency but also to the society at large.”
Order
In light of these observations, the court passed the following order:
Bail Application No. 666/2018 in NDPS Remand Application No. 715/2018, filed by the applicant/accused – Ahmed Saleh Ahmed Mareai is hereby rejected and stands disposed of accordingly.
The decision underscores the judiciary’s firm stance against drug trafficking, particularly when it involves international syndicates and commercial quantities of contraband. The investigation in this complex case is expected to continue, potentially leading to further arrests and seizures.