Mumbai, Maharashtra | December 15, 2023 – The Special Judge for N.D.P.S. Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), granted bail to Rizwan Akhtar Khan, a 27-year-old laborer, who was arrested in connection with a case involving the possession of cough syrup bottles containing Chlorpheniramine Maleate and Codeine Phosphate. The order, pronounced on December 15, 2023, pertains to Bail Application No. 842 of 2023, arising from NDPS R. A. No. 1152/23, related to Spl. LAC No. 335/2023 registered at Deonar Police Station.

Rizwan Akhtar Khan was arrested on September 5, 2023, in connection with offences punishable under sections 8(c) r/w 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution’s case alleged that on August 29, 2023, while patrolling, police apprehended Moin Riyaz Khan (accused no. 1) with a white bag containing 43 cough syrup bottles. Moin Riyaz Khan allegedly revealed that Rizwan Akhtar Khan (the applicant) and one Shakeel were his suppliers. Rizwan was subsequently arrested based on this statement. The prosecution claimed that Rizwan admitted to selling cough syrup bottles to Moin Khan.

The applicant sought bail, arguing that he was innocent and falsely implicated. No contraband was recovered from him, and his arrest was solely based on the statement of co-accused Moin Riyaz Khan. He argued that the prosecution failed to establish a prima facie case against him and that the investigation and recovery were complete, rendering his continued detention unnecessary. He cited the case of Tofan Singh V/s. State of Tamil Nadu (2021) 4 SCC 1, asserting that a co-accused’s statement is inadmissible as evidence. He also stated he is a resident of Mumbai, has no prior convictions, and is willing to cooperate with the police.

The prosecution argued that 43 bottles were recovered from accused no. 1, who implicated the applicant and one Shakeel as suppliers. They claimed a connection between the accused based on CDR records and pointed out that the applicant had ten prior criminal cases.

Special Judge Shri R. R. Bhagwat considered the submissions and the material on record. The court noted that the applicant’s arrest was based solely on the disclosure statement of accused no. 1, and no contraband was seized from the applicant. The court found that the observations in Tofan Singh V/s. State of Tamil Nadu were applicable, and the evidence was insufficient to attract section 29 of the NDPS Act, attributing the recovery from accused no. 1 to the applicant. Therefore, the court concluded that the bar under section 37 of the NDPS Act did not apply. While acknowledging the applicant’s criminal antecedents, the court noted that there was no evidence of any convictions. The court decided that the applicant could be released on bail with stringent conditions, including reporting to the police station.

ORDER

1. Bail Application No. 842/2023 is allowed.
2. Applicant/accused Rizwan Akhtar Khan shall be released on executing a P. R. Bond of ₹40,000/- with one or two sureties in the like amount.
3. The applicant/accused shall attend Deonar Police Station every Monday between 11:00 a.m. to 02:00 p.m. until the filing of the charge sheet.
4. The applicant/accused and his sureties shall provide their mobile numbers and correct addresses, along with the names, mobile numbers, and addresses of two relatives.
5. The applicant/accused shall produce proof of identity and residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution witnesses/evidence and shall cooperate in the early disposal of the trial.
7. The applicant/accused shall not commit a similar offence while on bail.
8. The applicant/accused shall be released on provisional cash bail of ₹40,000/- for four weeks.
9. Bail application no. 842/2023 is disposed of accordingly.

The order, pronounced in open court on December 15, 2023, reflects the court’s consideration of the limited evidence against the applicant, the applicability of the Tofan Singh judgment, and the applicant’s cooperation, alongside the need to balance individual liberty with the interests of justice and the ongoing investigation.