Mumbai, October 30, 2023 – The Special Court for Narcotic Drugs and Psychotropic Substances Act in Greater Bombay has rejected the bail application of Iqrar Tajmohammad Baloch, a 30-year-old resident of Mumbai, who was arrested in connection with a heroin seizure case. The order was passed by Additional Sessions Judge K.P. Kshirsagar (C.R. No. 43) in NDPS Bail Application No. 924 of 2023.
Baloch was seeking bail in Spl. LAC/C.R. No. 516/2023, registered at D.N. Nagar police station, for offenses punishable under Section 8(c) read with Section 21(b) and Section 29 of the NDPS Act, 1985. Section 29 pertains to conspiracy and abetment in drug offenses.
Prosecution’s Case and Accusations
According to the prosecution, on August 17, 2023, 17 grams of heroin were recovered from co-accused Ismail Khuddus Khan. During interrogation, Khan allegedly stated that the heroin was supplied to him by Baloch for sale. Based on this statement, Baloch was arrested on October 9, 2023.
Ld. Adv. Mr. Taraq Sayed, representing Baloch, argued that his client was arrested solely based on the co-accused’s statement, which he contended was inadmissible. He emphasized that nothing was recovered directly from Baloch’s possession and that the quantity of contraband seized from the co-accused (17 grams of Heroin) was an intermediate quantity, thus not attracting the stringent conditions of Section 37 of the NDPS Act. He further stated that Baloch is a resident of Mumbai, ready to abide by court conditions, and that this was his first bail application in this case. Mr. Sayed relied on judgments from the Hon’ble Bombay High Court in Abbas Ali Razzak Hussain @ Zahir Rupani Vs. Union of India and Anr. and Shashikant Prabhu Vs. Rahul Saini, Intelligence Officer NCB, Mumbai and Anr.
Conversely, Ld. APP Mr. Tarange, for the prosecution, asserted that there was positive material indicating a nexus between Baloch and the co-accused. He informed the court that a “wanted accused” (another individual involved) was yet to be arrested and alleged that Baloch had criminal antecedents and was a drug peddler. The APP expressed concern that if released on bail, Baloch might tamper with prosecution evidence. He argued that the co-accused’s statement is admissible during the investigation phase.
Court’s Analysis and Decision
Judge Kshirsagar, after careful consideration of the arguments and material on record, acknowledged that the cumulative quantity of contraband was intermediate, meaning Section 37’s rigors were not applicable. However, the court placed significant weight on other factors:
- The court found that the statement of the co-accused is admissible at the stage of investigation.
- It concluded that there was prima facie material revealing Baloch’s involvement as a drug peddler and his connection to the sale of contraband.
- The court specifically noted that Baloch has criminal antecedents.
- Crucially, the investigation in the case is not yet complete, and a “wanted accused” remains at large.
The judge distinguished the present case from the citations relied upon by the applicant’s counsel, stating that the facts were different. The court expressed concern that if Baloch were released at this stage, he might tamper with witnesses, influence the investigation, or re-engage in similar offenses, which would prejudice the “free, fair and full investigation” and the “interest of the society at large.”
The court concluded that Baloch had played an active role in the alleged offense, which was of a “heinous nature,” and that the investigation so far suggested his involvement in drug peddling and a nexus with the co-accused. The court reiterated that a high degree of evidence is not required to establish conspiracy at the bail stage and that Baloch had prima facie failed to demonstrate his non-involvement.
Therefore, finding no justifiable grounds for releasing Baloch on bail at this stage, especially given the ongoing investigation and the potential prejudice to society, the court rejected the application.
Order:
- NDPS Bail Application No. 924/2023 of applicant/accused Iqrar Tajmohammad Baloch is rejected.
- The application stands disposed of.
The order was pronounced in open court and signed on October 30, 2023, and uploaded on October 31, 2023.