Mumbai: In a significant ruling, the Special Court for NDPS (Narcotic Drugs and Psychotropic Substances) Cases for Greater Bombay at Mumbai has granted regular bail to Rajesh Sahdeo Choudhari, an accused in an alleged drug possession and trafficking case. The order, delivered by Special Judge (NDPS) Shri V.V. Vidwans (CR No.42) on December 13, 2018, noted that the quantity of contraband recovered from Choudhari was not of commercial quantity when individual possession was considered, thereby making the stringent provisions of Section 37 of the NDPS Act inapplicable. Choudhari was released on his personal recognizance (PR) bond of Rs. 75,000/- with one or two sureties, at least one of which must be local.

The case against Choudhari stems from CR No. 16/18, registered by DCB CID Unit 12, which subsequently led to C.R. No. 299/18 being registered at Dahisar Police Station under the NDPS Act. According to the prosecution’s account, on November 15, 2018, PI Gavas and staff of DCB CID Unit 12, while on patrolling duty, observed an auto-rickshaw (MH 47AX 8320) moving suspiciously with two individuals. Upon questioning and subsequent search with panch witnesses, police recovered 300 bottles of Codeine cough syrup from the back seat of the rickshaw. From the front seat, where the driver was, two boxes of Prozolam (0.5 mg Alprazolam) were found. This included 1600 tablets of Prozolam, 600 tablets of Alpracan, 375 tablets of Prozolam, and 100 tablets of Alko.

Further panchanama (witnessed search) led to the recovery of three gunny bags from a house near Dewaji Kamble Chawl, Sant Kabir Marg, Kokniwada, Dahisar(E), Mumbai. These bags contained 340 bottles of Rexo, 350 bottles of Rexo, and 110 bottles of Rexofree, totaling 1100 bottles of Rexo from both the auto-rickshaw and the house.

Ld. Advocate Mr. Dilip Mishra, representing Rajesh Sahdeo Choudhari, argued that his client had been falsely implicated. He meticulously detailed the calculation of the seized contraband’s active components. For the Codeine cough syrup, with 10 mg of Codeine in each 5 ml of a 100 ml bottle, 1100 bottles would contain 220 grams of Codeine. For the Alprazolam tablets, he calculated: 1600 tablets of Prozolam (0.5 mg each) = 800 mg; 600 tablets of Alpracan (0.5 mg each) = 300 mg; 375 tablets of Prozolam (0.5 mg each) = 187.5 mg; and 100 tablets of Alko (0.1 mg each) = 10 mg. This summed up to 1297.5 mg or 1.297 grams of Alprazolam.

Based on these calculations, Advocate Mishra contended that the quantity of codeine phosphate and Alprazolam recovered from Choudhari’s possession was a non-commercial quantity, therefore, the stringent provisions of Section 37 of the NDPS Act, which impose strict conditions for bail, would not be applicable. He further submitted that the Hon’ble High Court had granted bail in similar cases and that this court possessed the discretionary power to grant bail. He also emphasized that Choudhari has a local address in Dahisar, Mumbai, and was willing to abide by any conditions imposed by the court.

Ld. APP Mr. P.S. Tawade, representing the State, strongly opposed the bail application. He relied on the investigation officer’s statement, asserting that Choudhari was found in possession of a substantial quantity of seized contraband and that NDPS offenses are serious in nature. The APP argued that if the entire quantity of seized contraband was calculated together, it would amount to a commercial quantity, thereby attracting Section 37. However, he also conceded that the samples had been sent for chemical analysis, and the exact percentage of codeine or Alprazolam was yet to be ascertained, making it difficult to definitively determine commercial quantity at that stage. The APP expressed concern about the increasing illicit sale of such compositions and their harm to society, fearing that Choudhari might abscond if granted bail, citing his stated residence in Uttar Pradesh as a reason to believe he did not have a permanent address in Mumbai.

After considering the remand papers, prima facie material, and oral submissions, Special Judge V.V. Vidwans acknowledged that the seized contraband was “substantial” when taken together. However, the court highlighted a settled legal position as per a decision of the Hon’ble Bombay High Court: at the stage of considering a bail application, the individual quantity of contraband recovered from each accused must be considered, not the entire collective quantity. Applying this principle, the court found that the individual quantity recovered from Rajesh Sahdeo Choudhari would “definitely not be commercial quantity.”

Consequently, the court concluded that the stringent provisions of Section 37 of the NDPS Act would not be applicable in this case, thus allowing the court to exercise its discretionary jurisdiction to grant bail. Considering the seriousness and gravity of the matter, and the fact that Choudhari claimed a Mumbai address, the judge opined that imposing stringent conditions would serve the prosecution’s purpose.

The bail application was allowed, and Rajesh Sahdeo Choudhari was ordered to be released on bail subject to the following strict conditions:

1. Executing a PR Bond of Rs. 75,000/- with one or two sureties to the like amount, with at least one surety being a local resident.
2. Attending the Investigating Officer (IO) at the office of DCB CID Unit 12 once a fortnight, on the 1st and 3rd Saturday of the month, between 11:00 AM and 2:00 PM until the charge sheet is filed. If the IO is absent, he must report to the PSO Incharge.
3. Not tampering with prosecution witnesses/evidence in any manner and cooperating in the investigation.
4. Furnishing his cell/landline number and those of two nearest relatives or friends, preferably residing in Mumbai.
5. Producing proof of identity and Mumbai residence at the time of executing the bail bond.
6. Not committing similar offenses while on bail.

Any breach of these conditions would result in the cancellation of bail. The order was signed by Special Judge V.V. Vidwans on December 14, 2018, and uploaded on the same day.