Mumbai, Maharashtra – A Special Judge for NDPS cases in Greater Mumbai has granted bail to Niko Pius John (57), a Tanzanian national, who was arrested for allegedly possessing 50 grams of cocaine. The court noted that the seized quantity was a “non-commercial quantity,” thus not attracting the stringent provisions of Section 37 of the NDPS Act.
Special Judge V.V. Vidwans (CR No.42) issued the order on December 26, 2018, in Criminal Bail Application No. 865 of 2018. John was arrested by Sewree Police Station under C.R./LAC No. 29/2018 for an offense punishable under Section 8(c) read with 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Background of the Case
According to the prosecution, John was apprehended on November 17, 2018, during a police raid conducted below the Free Way at Ganesh Mandir, B.P. Toll Naka Road, Sewree, Mumbai, where he was allegedly found in possession of 50 grams of cocaine.
Arguments for Bail
Ld. Advocate Mr. Shinde, representing Niko Pius John, argued that the seized quantity of cocaine was a “non-commercial quantity,” which means the strict conditions for bail under Section 37 of the NDPS Act are not applicable. He highlighted that the accused had been in judicial custody for over a month and that no purpose would be served by his continued detention, as the investigation was yet to be completed, and the trial would take a considerable amount of time.
Prosecution’s Opposition
Ld. APP Mr. P.S. Tawade, representing the State, strongly opposed the bail application, relying on a submitted “say” (reply) from the Investigating Officer. The prosecution contended that John is a foreign national with no permanent local address and is a citizen of Tanzania. They expressed concerns that he was likely to abscond if released on bail, especially as the investigation into his passport details was ongoing and the Chemical Analyzer (C.A.) Report was still awaited.
Court’s Decision and Rationale
Special Judge V.V. Vidwans considered the arguments from both sides. The court acknowledged the prosecution’s concerns about John being a foreign national, but critically noted the “admitted position that the accused [is a] foreigner and citizen of Tanzania.”
The decisive factor for the court was the quantity of the seized drug: “He has been arrested while possessing 50 gms cocaine which is non-commercial quantity.” This crucial finding meant that the stringent conditions for bail outlined in Section 37 of the NDPS Act, which apply to commercial quantities, were not applicable in this case, thus granting the court discretion to grant bail.
The judge also considered that the investigation was still in progress, and both the completion of the investigation and the subsequent trial would take a “long time.” Given the “present pendency of NDPS Special Court,” the court was of the opinion that it had the discretion to grant bail, provided certain conditions were imposed to address the prosecution’s concerns.
Bail Conditions
The court allowed the bail application, ordering Niko Pius John’s release on his executing a Personal Recognizance (P.R.) Bond of ₹1,00,000/- (Rupees One Lakh only) with one or more solvent sureties of the same amount, subject to the following stringent conditions:
- Undertaking not to leave India: Within one week of his release, John must provide an undertaking stating that he will not leave India without the prior permission of the court.
- Proof of Identity and Residence: Within fifteen days of his release, he must produce proof of his identity and residence in Mumbai when executing the bail bond.
- Reporting to Police: He must attend the Investigating Officer (I.O.) at Sewree Police Station once every fortnight (on the 1st and 3rd Saturday of the month) between 11:00 AM and 2:00 PM until the charge-sheet is filed. If the I.O. is absent, he must report to the Police Station Officer (PSO) In-charge.
- Passport Deposit: His passport shall remain deposited with the concerned police station until further orders from the court.
- No Tampering: He shall not tamper with prosecution witnesses or evidence in any manner.
- Breach of Conditions: Any breach of these conditions will result in the cancellation of his bail.
The bail application was accordingly disposed of.