Mumbai – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) in Mumbai, on November 7, 2023, rejected the bail application of Sarfaraj Sabirali Khan, who stands accused in a case involving the possession and conspiracy to sell Mephedrone (MD). The court identified Khan as a “drug peddler” with criminal antecedents and emphasized the ongoing investigation and potential prejudice to society if bail were granted.

Sarfaraj Sabirali Khan, a 36-year-old driver residing in Kurla, Mumbai, had sought bail in connection with Spl. LAC/C.R. No. 71/2023, registered at Kurla police station. He faces charges under Section 8(c) (prohibiting dealing with narcotic drugs and psychotropic substances) read with Section 22(b) (punishment for intermediate quantity) and Section 29 (criminal conspiracy) of the NDPS Act, 1985.

According to the prosecution, the case originated on May 26, 2023, when co-accused Dharmendra Govind Goswami was arrested with 10 grams of Mephedrone (MD), which falls under the intermediate quantity category. During interrogation, Goswami allegedly disclosed that the MD was provided to him by Sarfaraj Sabirali Khan for the purpose of sale, leading to Khan’s subsequent arrest.

Khan’s advocate, Mr. Bangar, argued that his client was falsely implicated solely on the basis of the co-accused’s statement, which he contended was not admissible evidence. He also sought bail on the ground of parity, noting that the co-accused, Dharmendra Govind Goswami, had already been released on bail. The defense further submitted that criminal antecedents alone should not be a ground for bail rejection and that Khan was ready to abide by any conditions imposed by the court.

However, the Special Public Prosecutor, Mr. Rajput, strongly opposed the bail application. He asserted that Khan was a drug peddler with criminal antecedents and that there was positive material on record indicating a clear nexus and link between Khan and the co-accused. Mr. Rajput warned that releasing Khan at this stage, with the investigation still pending, could lead to tampering with prosecution evidence and witnesses.

Court’s Reasoning for Denial

Additional Sessions Judge K.P. Kshirsagar, after perusing the material on record and hearing both sides, found prima facie involvement of Sarfaraj Sabirali Khan in the crime. The court specifically stated that there was “positive material to indicate nexus between applicant/accused and co-accused,” affirming the applicability of Section 29 (conspiracy) of the NDPS Act to Khan’s case.

The judge also noted Khan’s criminal antecedents and, from a preliminary appreciation of the evidence, concluded that Khan appeared to be a “drug peddler involved in the sale of the contraband.”

Key reasons for the rejection included:

• Ongoing Investigation: The investigation was admittedly not yet complete, and the court found no reason to doubt the genuineness of the prosecution’s case at this preliminary stage.
• Risk of Tampering and Re-offending: The court expressed concern that releasing Khan could lead to him tampering with prosecution witnesses or influencing them, and potentially re-engaging in similar offenses.
• Prejudice to Investigation: Granting bail could hamper a “free, fair and full investigation” of the “heinous nature” of the alleged offense.
• Active Role: The court found that Khan had played an “active role” in the alleged crime.
• Societal Interest: The judge stressed that Khan’s release at this stage would likely be “prejudicial to the interest of the society at large,” and a “liberal approach in grant of bail in such kind of offences under NDPS Act is also uncalled.”

Based on these considerations, the Special Court concluded that there were no justifiable grounds to release Sarfaraj Sabirali Khan on bail at that stage. The bail application was accordingly rejected.