Greater Mumbai, February 7, 2024 – Sharafat Yanmohammad Khan (32), a resident of Kandivali (West), Mumbai, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai, B. Y. Phad, in connection with a drug case registered with the ANC, Bandra Unit. Khan was arrested under sections 8(c) read with 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in C. R. NO. 52 of 2023.

The bail application, NDPS BAIL APPLICATION NO. 867/2023, was decided on February 3, 2024, with the order signed on February 6, 2024, and uploaded on February 7, 2024.

According to the prosecution, Khan was apprehended on May 31, 2023, and found to be in possession of 10 grams of Mephedrone (MD). Co-accused Ganesh Parmar was allegedly found with 245 grams of MD at his residence. The prosecution argued that the total seized quantity was 255 grams and that Khan was in contact with other accused, suggesting involvement in a drug-selling business. They presented Call Data Record (CDR) details as evidence of communication between Khan and the co-accused.

Khan’s defense argued that he was falsely implicated, that the 10 grams of MD recovered from him was below the commercial quantity, and that mandatory provisions of the NDPS Act were not followed. His counsel, Mr. Vikas Shinde, emphasized that Khan is a permanent resident of Mumbai and the sole earning member of his family.

The court, however, focused on the lack of strong evidence connecting Khan to the larger quantity of drugs found with the co-accused. Special Judge B. Y. Phad stated that, “except CDR details, there is no other evidence against the applicant to be in association with the accused no.2 for alleged business of the contraband.” The court deemed the CDR evidence a “weak piece of evidence” in the absence of details about the content of the calls or chats.

The court acknowledged that the 10 grams of MD found on Khan was “far less than commercial quantity,” making the stringent provisions of Section 37 of the NDPS Act inapplicable in his case. The court also noted Khan’s clean criminal record and his strong roots in the community.

Considering these factors, the Special Judge decided to grant bail to Khan, subject to stringent conditions.

ORDER

1. Bail Application No. 867/2023 is allowed.
2. The applicant/accused Sharafat Yanmohammad Khan is to be released on bail upon executing a personal bond of ₹60,000, along with one or two solvent surety bonds of the same amount. The following conditions are imposed:
   • Khan must report to the ANC, Bandra unit every Sunday between 10:00 a.m. and 11:00 a.m. until the framing of charges.
   • He is prohibited from leaving Mumbai without explicit permission from the investigating officer or the Court.
   • He is strictly prohibited from contacting co-accused, witnesses, or any individuals associated with the case and from tampering with evidence.
   • Khan must maintain his current Kandivali residence and inform the court and investigating officer of any change of address. He must also provide his active mobile number and report any changes.
   • He must fully cooperate with the ongoing investigation.
   • Khan must surrender his passport within a week or file an affidavit stating he does not possess one.
   • He is prohibited from engaging in any activities related to the registered offense.
   • He must comply with all reasonable directions from law enforcement.
   • As per the Criminal Manual, Khan must provide details of three blood relatives, including their addresses and employment details.

The court warned that failure to comply with any of these conditions would result in immediate bail revocation and further legal consequences. This case highlights the importance of the quantity of drugs seized and the strength of evidence linking an accused to drug trafficking in determining bail eligibility under the NDPS Act.