Mumbai, September 29, 2018 – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act in Greater Mumbai today granted default bail to two foreign nationals, Charles Ifeanyl Eziha (28, from Nigeria) and Ken Kone Ismael (28, from Ivory Coast). The bail was granted under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) because the investigating agency failed to file a chargesheet within the stipulated 60-day period.
Special Judge (NDPS) & Addl. Sessions Judge Shri V.V. Vidwans presided over Bail Application No. 678 of 2018, which arose from NDPS Special Remand Application No. 736 of 2018 and C.R. No. 30/2018 of the Anti Narcotic Cell, Ghatkopar Unit.
Case Details
The accused were arrested on July 28, 2018, for alleged offenses under Section 8(c) read with 21(b), 22(b), and 29 of the NDPS Act, along with Section 14(a)(b) of the Foreigners Act, Sections 37 and 135 of the Maharashtra Police Rules, 1952, and Sections 332 (voluntarily causing hurt to deter public servant from his duty), 353 (assault or criminal force to deter public servant from discharge of his duty), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Co1de (IPC).
According to the prosecution, 16 grams of cocaine were recovered from Charles Ifeanyl Eziha (Accused No. 1) and 9 grams of Mephedrone from Ken Kone Ismael (Accused No. 5). Additionally, one button knife was allegedly seized from each of them.
Default Bail Arguments
Ld. Advocate Mr. S. Jitendra, representing the applicants, argued that the quantity of contraband seized from each accused was a non-commercial quantity, and the maximum punishment for the drug offenses was up to 10 years of imprisonment. He cited the Hon’ble High Court’s ruling in Sangita Gaikwad v/s State of Maharashtra, contending that the quantities recovered from multiple accused should be calculated separately, not collectively.
The primary ground for bail, however, was the failure of the police to file the chargesheet. Mr. Jitendra highlighted that the accused were arrested on July 28, 2018, and as of September 28, 2018, the chargesheet had not been filed, exceeding the 60-day statutory period for offenses punishable with up to 10 years imprisonment. He asserted that this default entitled the accused to bail.
Ld. APP Mr. Panjwani, on behalf of the State, acknowledged the fact that the chargesheet had not been filed by the police, as noted in the office endorsement on the bail application’s front page.
Court’s Decision
Judge V.V. Vidwans observed that the offenses alleged against the accused were indeed punishable with imprisonment up to 10 years. This meant that the investigating agency was legally bound to file the chargesheet within 60 days of the arrest. Since the chargesheet was not filed by September 28, 2018, the court concluded that the accused were entitled to default bail under Section 167(2) of the Cr.P.C.
Recognizing that the accused are foreign nationals and do not have a permanent residential address in Mumbai, the court imposed specific conditions to ensure their cooperation with the legal process.
Bail Conditions
The court granted bail to Charles Ifeanyl Eziha (Accused No. 1) and Ken Kone Ismael (Accused No. 5) subject to the following stringent conditions:
- Personal Recognizance Bond: Each applicant must execute a Personal Recognizance (P.R.) Bond of ₹1,00,000/- (Rupees One Lakh Only) with one or two solvent sureties of the like amount.
- Undertaking Not to Leave India: Within one week of their release, the applicants must furnish an undertaking stating that they will not leave India without the prior permission of the Court.
- Proof of Identity and Mumbai Residence: Within fifteen days of their release, they must provide proof of their identity and proof of their residential address in Mumbai at the time of executing the bail bond.
- Court Attendance and Cooperation: The applicants must attend the Court punctually and regularly during the trial, cooperate for the early disposal of the case, and shall not indulge in similar activities while on bail. They are also forbidden from delaying the trial.
- Passport Deposit: If their passports were seized, they are to remain deposited with the concerned police station until further orders. If their passports were not seized, they must surrender them to the concerned police station.
- No Tampering: The applicants shall not tamper with prosecution witnesses or evidence in any manner.
- Cancellation Clause: Any breach of these conditions will result in the cancellation of their bail.
The bail application has been disposed of accordingly.