Mumbai, Maharashtra – A Special Judge for NDPS Cases in Greater Mumbai has granted bail to a taxi driver, Mohd. Nasim Fakri Mohd., who was apprehended in connection with a drug seizure involving three Nigerian nationals. The court’s decision, delivered on October 20, 2018, hinged on the lack of direct evidence proving the driver’s knowledge of the contraband found in his passengers’ bags.

Mohd. Nasim Fakri Mohd., aged 35, a taxi driver residing in Vikhroli (East), Mumbai, and permanently from Uttar Pradesh, had filed Bail Application No. 739 of 2018 under Section 439 of the Code of Criminal Procedure. He was accused in M.R.A. Marg police station L.A.C. No. 32/2018.

Ms. Sherali Khan, the learned advocate representing the applicant, argued that the prosecution’s case primarily involved the seizure of cocaine from the handbags of accused Nos. 1 to 3, all Nigerian nationals, who had hired the applicant’s taxi. Police, while patrolling near Mastan Adda, Ballard Pier Estate, Mumbai, found the three individuals sitting in the taxi under suspicious circumstances and apprehended them along with the driver.

Ms. Khan stressed that no contraband was seized directly from the possession of Mohd. Nasim Fakri Mohd. She further contended that the Investigating Officer (I.O.) had not yet collected any evidence to demonstrate that the applicant had knowledge that the bags of his passengers contained cocaine. Therefore, according to the defense, there was insufficient evidence to prove that the applicant had committed any offense under the NDPS Act.

Mr. B. G. Rajput, the learned A.P.P. for the State, opposed the bail application. He argued that the applicant’s attempt to flee the scene when the police conducted the raid indicated his knowledge of the contraband being carried by the other accused. He also mentioned that Section 29 of the NDPS Act (punishment for abetment and criminal conspiracy) had been charged against the applicant, and that the investigation was still in progress.

After carefully hearing both sides and perusing the investigation papers, His Honour the Special Judge M. S. Mungale (C.R. No. 44) observed that, prima facie, there was nothing in the police papers to show that Mohd. Nasim Fakri Mohd. had knowledge of the cocaine in the handbags of the co-accused. The court also noted that the A.P.P. did not dispute that the applicant resided in Mumbai and operated a taxi.

The judge concluded that the possibility could not be ruled out that the Nigerian nationals had hired the applicant’s taxi without informing him that they were carrying contraband. In light of these circumstances, the court found no reason to keep the applicant in judicial custody for a longer period.

The court thus allowed Bail Application No. 739/2018, ordering the release of Mohd. Nasim Fakri Mohd. on his executing a Personal Recognizance (P.R.) bond of Rs. 15,000/- and a surety of the like amount.

The following conditions were imposed on his bail:

• Before release, the applicant must submit his address proof and photograph on record.
• He is required to report to the Investigating Officer every Monday between 9:00 a.m. to 11:00 a.m. until the chargesheet is filed.
• He must not tamper with the prosecution evidence.
• The applicant has been granted two weeks to furnish the surety, and in the interim, he will be entitled to be released on provisional cash security of Rs. 15,000/-.

The application stands disposed of accordingly.