Mumbai, December 15, 2023 – The Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat, today rejected the bail application of Azgar Akhatar Sayyed, an accused in a case involving the seizure of Methyldioxymethamphetamine (MD). The court emphasized the collective quantity of contraband seized from all accused and the established nexus between them, thereby applying the stringent provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Azgar Akhatar Sayyed, 31, was arrested on September 12, 2023, in connection with Crime No. 60/2023 of the ANC Azad Maidan Unit, Mumbai. He faces charges under sections 8(c) read with 22(c) read with 29 of the NDPS Act.
Prosecution’s Account of the Arrests and Seizures
According to the prosecution, on September 11, 2023, PSI Kavale, PSI Avale, and other police staff from the ANC Azad Maidan Unit were on patrolling duty with raiding material. At Haji Niyaz Ahmad Aazmi Marg, Kulaba, they observed two individuals exchanging goods. Upon suspicion, they apprehended the two, identified as Fahim Saifulla Khan (accused no.1) and Azgar Akhtar Sayyed @ Ajju (accused no.2).
Following a search conducted with panchas and adhering to Section 50 of the NDPS Act, 25 grams of MD were found in the possession of Fahim Saifulla Khan, while 30 grams of MD were recovered from Azgar Akhatar Sayyed. Both were taken into custody, and an offence was registered.
During subsequent investigation, Fahim and Azgar reportedly revealed the name of a third accused, Ibrahim (accused no.3). Ibrahim was later apprehended with 400 grams of MD. Interrogation of Ibrahim led to the identification and arrest of Wasim Ibrahim Sayyed @ Kalla (accused no.4) on September 12, 2023, from whom 250 grams of MD were seized.
Defence Argues “Non-Commercial Quantity” for Applicant
Alisha Parekh, the legal counsel for Azgar Akhatar Sayyed, argued that her client was innocent and falsely implicated. She highlighted that only 30 grams of MD were allegedly recovered from Azgar, which falls under the category of a non-commercial quantity as per the NDPS Act. Therefore, she contended that the rigorous provisions of Section 37 of the NDPS Act, which impose strict conditions for bail, should not apply to the present case.
Ms. Parekh emphasized that nothing incriminating was recovered at the instance of the applicant, and a “bare perusal of the FIR shows that the applicant is neither a buyer nor a supplier of the seized contraband.” She further submitted that, apart from the statement of a co-accused, there was nothing to establish a nexus between Azgar and the alleged crime. She cited observations from previous judgments by the Bombay High Court in similar cases (Smt. Rashida Iqbal Khan v/s. The State of Maharashtra, Mohammed Rizwan Sayyed V/s. The State of Maharashtra, and Sangeeta Y. Gaikwad v/s. State of Maharashtra) to support her argument that the quantity seized was less than a commercial quantity and that there was no evidence to prove a connection between the applicant and other accused.
Prosecution Opposes Bail, Citing Collective Quantity and Ongoing Investigation
Mr. Shankar Erande, the Additional Public Prosecutor (APP) representing the State, strongly opposed the bail application. He contended that the applicant, Azgar, was part of a larger network. He highlighted that Azgar and Fahim were apprehended with contraband at the spot, and their statements led to the apprehension of accused no.3, Ibrahim, from whom a significant 400 grams of MD were seized. Subsequently, Ibrahim’s revelation led to the arrest of accused no.4, Wasim, with another 250 grams of MD.
Mr. Erande asserted that the investigation was still ongoing and a charge-sheet had not yet been filed. He expressed concerns that if released on bail, Azgar might flee from justice, threaten, or pressurize prosecution witnesses. He also argued that the citations relied upon by the defence counsel were not applicable to the current case.
Court’s Reasoning: Nexus and “Commercial Quantity” of the Syndicate
Special Judge Shri R. R. Bhagwat, after carefully considering the submissions and material on record, concluded that the evidence was sufficient to establish a connection between Azgar Akhatar Sayyed and the co-accused.
The court observed that while Azgar was found with 30 grams of MD, and Fahim with 25 grams, their statements led investigating officers to arrest Ibrahim and Wasim, who were found in possession of 400 grams and 250 grams of MD, respectively.
The Judge specifically noted, “In short, evidence on record is sufficient to show that the applicant was in contact with co-accused possessing commercial quantity of contraband. Therefore, section 29 of the NDPS Act can be applied to consider total quantity of contraband seized from all accused.”
The court emphasized that the total seized contraband amounted to 705 grams of MD, which is “fourteen times of commercial quantity.” The Judge reasoned that “proportion of seized contraband show that all accused were doing business of sale of contraband on large scale.”
Considering the “gravity of offence and available evidence against the applicant,” the court ruled that the ratio in the cases cited by the defence was “not applicable to the case in hand.” Consequently, the rigorous conditions of Section 37 of the NDPS Act were deemed applicable, meaning the court was not satisfied that there were reasonable grounds for believing that the applicant was not guilty of such offence and that he was not likely to commit any offence while on bail.
Bail Application Rejected
Based on these findings, the Special Judge rejected NDPS Bail Application No. 897 of 2023. The application was disposed of accordingly.
The order was signed by Judge R. R. Bhagwat on December 14, 2023, and officially uploaded today, December 15, 2023. This decision underscores the judiciary’s stance on considering the collective involvement and total quantity of seized contraband in drug trafficking cases, even when an individual’s direct possession might be below the commercial threshold.