Mumbai, Maharashtra – December 10, 2018 – The Special Judge (NDPS) and Additional Sessions Judge, Shri V.V. Vidwans (CR No.42), granted regular bail to Valentine John Udimadu, a Nigerian national, in NDPS Bail Application No. 873 of 2018. Udimadu was arrested by Dongri Police Station in connection with C.R. No. 57/18 for offenses under sections 8(c) read with 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Case Background:

As per the prosecution, Udimadu was arrested on November 6, 2018, during a patrolling duty by Dongri police based on suspicion. During his search, 18 grams of cocaine were allegedly recovered from his possession. Udimadu has been in custody since his arrest.

Arguments for Bail:

Learned Advocate Mr. Liman, representing Udimadu, argued that his client was falsely implicated. He emphasized that the quantity of cocaine allegedly seized (18 grams) is a non-commercial quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act are not attracted. He further submitted that the Hon’ble Bombay High Court has granted bail to accused individuals in similar circumstances, citing the authority of Ranga Mahesh Goud V/s. State and another (Cri. Application (Bail) No. 3/2018) decided on 18.1.2018.

Mr. Liman stated that Udimadu is willing to abide by any conditions imposed by the court, including depositing his passport. He clarified an error in the bail application, stating that Udimadu’s passport was not, in fact, in the custody of Dongri police station. He also argued that allegations of involvement in other cases cannot be considered for bail when the seized quantity is non-commercial.

Prosecution’s Opposition:

Learned APP Mr. P.S. Tawade opposed the bail application, relying on the Investigating Officer’s (IO) say. He highlighted that Udimadu is a foreign national with no permanent address in India, and if granted bail, he is likely to commit similar offenses in the future. The APP also mentioned that Udimadu had not submitted his passport to the police and that there were other serious offenses registered against him (bearing no. 221/18), in which he is suspected of involvement under sections 307 (attempt to murder), 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty), 143 to 145, 147, 149 of IPC, read with sections 8(c), 21(a), and 22(c) of the NDPS Act.

Court’s Reasoning and Decision:

Special Judge V.V. Vidwans considered the application, the IO’s say, and the legal precedent cited. The court found that the quantity of seized contraband, 18 grams of cocaine, is indeed a non-commercial quantity.

The Judge noted that “Hon’ble High Court has granted bail to the accused in similar circumstances.” Based on this, the court was of the opinion that granting the application, subject to appropriate conditions, would serve the purpose of the prosecution.

Bail Conditions:

The court allowed Bail Application No. 873 of 2018 with the following conditions:

1. Valentine John Udimadu shall be released on executing a Personal Recognizance (P.R.) Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties of the like amount.
2. Within one week from his release, he shall furnish an undertaking stating that he will not leave India without prior permission of the Court.
3. Within fifteen days from his release, he shall produce proof of his identity and proof of residence at Mumbai at the time of executing the bail bond.
4. He shall attend the Investigating Officer at Dongri Police Station once in a fortnight on the 1st and 3rd Saturday of the month between 11:00 a.m. to 2:00 p.m. until the filing of the charge-sheet. If the I.O. is absent, he should report to the PSO Incharge.
5. The accused/applicant shall deposit his passport with the I.O. within one week from the date of his release.
6. He shall not tamper with prosecution witnesses/evidence in any manner.

The court explicitly stated that any breach of these conditions would entail the cancellation of bail.

The bail application stands disposed of accordingly.