Mumbai, Maharashtra – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) cases in Greater Mumbai has granted conditional bail to Okoro Ikechukwu David (27), a Nigerian national, who was arrested with 45 grams of Mephedrone (MD). The court’s decision, issued by Special Judge M.S. Mungale (C.R. No.44) on November 15, 2018, in NDPS Bail Application No. 768 of 2018, recognized that the seized quantity was “below commercial quantity,” thus not triggering the stringent Section 37 bar of the NDPS Act.
Background of the Case
According to the prosecution, on October 7, 2018, during a raid, 45 grams of Mephedrone (MD), valued at ₹1,35,000/-, was seized from Okoro Ikechukwu David’s possession. The case was registered as C.R. No. 91/2018 at Tardeo Police Station. The prosecution, represented by Ld. A.P.P. Mr. B.G. Rajput, opposed the bail, primarily on the grounds that the applicant is a foreign national who had not cooperated regarding his passport and visa details during police custody, raising concerns that he might abscond if released.
Arguments for Bail
Ld. Adv. Mr. S.S. Bhandary, representing the applicant, highlighted that the seized quantity of MD was above small quantity but below commercial quantity, meaning the strict limitations on bail under Section 37 of the NDPS Act do not apply.
Addressing the prosecution’s concern about absconding, Mr. Bhandary submitted that the applicant’s passport and visa were already provided to the Investigating Officer for verification. He argued that as long as these documents remained in the custody of the Investigating Officer, there was no likelihood of the applicant leaving India. He further informed the court that the applicant’s visa was due to expire on December 7, 2018, but that he could apply for an extension after being released on bail.
Court’s Decision and Rationale
Special Judge M.S. Mungale carefully considered the arguments and reviewed the police papers. The court confirmed that the seized contraband (45 grams of Mephedrone) was indeed “above small quantity, but, below commercial quantity,” thereby affirming that “there is no bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act for granting bail to the applicant/accused.”
The court acknowledged the prosecution’s concern about the applicant being a foreign national but found substance in the defense’s argument regarding the passport and visa. The judge stated, “If the condition of reporting to the police station is imposed against the applicant/accused, the purpose of securing presence of the applicant/accused will be served.” Crucially, the court emphasized, “However, if the Passport of the applicant/accused is not returned to him, there is no possibility of the applicant/accused leaving India.”
Bail Granted with Stringent Conditions
Based on these considerations, the court allowed the bail application, ordering Okoro Ikechukwu David’s release on bail subject to the following stringent conditions:
- Bail Bond: He must execute a Personal Recognizance (P.R.) bond of ₹1,00,000/- and provide a surety of the like amount. He is at liberty to submit one or more sureties to fulfill the required amount.
- Residential Proof: Before release on bail, he must submit his residential address at Mumbai with documentary proof.
- Photograph: He must submit his photograph on record.
- Weekly Reporting: He shall report to the Tardeo Police Station every Sunday between 9:00 a.m. to 11:00 a.m. until the final disposal of the case.
- Jurisdiction Restriction: Until further order, he shall not leave the jurisdiction of the court without its explicit permission.
- Passport and Visa Custody: The Investigating Officer, after verification, must submit the applicant’s passport and visa to the court. These documents shall not be returned to the applicant or anyone on his behalf without the court’s permission.
- No Tampering/Similar Offense: He shall not tamper with prosecution evidence or involve himself in similar offenses.
At the oral request of the applicant’s advocate, the court granted three weeks’ time to arrange the sureties. In the interim, the applicant is permitted to be released on bail upon submitting a provisional cash security of ₹1,00,000/-.
The application stands disposed of accordingly.