Mumbai, September 17, 2018 – In a significant development, the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), at Greater Bombay, today granted bail to Abdul Farukh Hanif Choradwala, 33, who was arrested earlier this month for alleged possession of charas. The bail was granted on the grounds that the seized quantity of the contraband falls under the “non-commercial” category, thereby not attracting the stringent provisions of Section 37 of the NDPS Act.

Choradwala, a labourer residing in Dongri, Mumbai, was arrested on September 3, 2018, by officers from Dongri Police Station (CR. No. / LAC No. 247/2018). The prosecution’s case, as outlined in Remand Application No. 858 of 2018, stated that Choradwala was found “loitering in a suspicious circumstance” during a police patrol. Following a personal search conducted in the presence of two panch witnesses, 140 grams of charas were allegedly recovered from him. He was subsequently booked under Sections 8(c) read with 20(b) of the NDPS Act.

During the bail hearing (Bail Application No. 620 of 2018), Mr. V. P. Shinde, the learned advocate for the applicant, argued that the quantity of charas seized (140 grams) is a non-commercial quantity, which removes the bar of Section 37 of the NDPS Act, making bail more readily available. He further contended that Choradwala has a permanent place of residence and no prior criminal antecedents, assuring the court that he would not abscond and would abide by any conditions imposed.

The prosecution, represented by APP Mr. Panjwani, opposed the bail application, asserting that the seized contraband was intended for sale and that the investigation was still ongoing. They also mentioned that Choradwala’s brother and father were allegedly addicted to charas, suggesting a broader investigation into the supply chain.

After hearing both sides, H.H. The Special Judge (NDPS), Shri. U. M. Mudholkar (C.R. No. 43), carefully reviewed the submissions and the available record. The court noted that the 140 grams of charas seized was “undoubtedly non-commercial quantity,” thus confirming that the bar under Section 37 of the NDPS Act did not apply.

Judge Mudholkar also observed that the applicant had been in custody since September 3, 2018, and that the investigation was likely nearing completion, with only the Chemical Analyser (CA) Report pending. The court further highlighted that the majority of witnesses were police officers, minimizing the likelihood of tampering with evidence. Given that nothing further needed to be recovered or discovered from the applicant, and considering that the trial would likely take a “sufficiently long time,” the court deemed further judicial custody “unwarranted.”

The Special Judge concluded that the applicant’s fixed place of residence, as evidenced by his ration card, indicated a “minimal chance of his abscondance.” The court also found no allegations or evidence of criminal antecedents against Choradwala.

Consequently, the court allowed the bail application, ordering Abdul Farukh Hanif Choradwala to be released on bail upon executing a Personal Recognizance (P.R.) Bond of Rs. 75,000/- (Rupees Seventy-Five Thousand only), with one or two sureties in the like amount. A stringent condition was also imposed, prohibiting the applicant from directly or indirectly dissuading any prosecution witnesses or tampering with the evidence.

The order, pronounced and signed on September 17, 2018, marks a significant relief for Abdul Farukh Hanif Choradwala, allowing him to be released from judicial custody while the investigation and trial proceed.