Mumbai, December 17, 2018 – In a ruling that underscores the nuanced approach of Indian courts to bail in Narcotics Drugs and Psychotropic Substances (NDPS) Act cases, a Special Judge for NDPS Cases at Greater Mumbai today granted bail to Arnest Okoroji Ejime, a 35-year-old Nigerian national accused of possessing Mephedrone (MD). The order, issued by His Honour Special Judge M. S. Mungale (C.R. No. 44) on December 14, 2018, allows Ejime’s release on a Personal Recognizance (P.R.) bond of Rs. 50,000/- and a surety of the like amount.

Ejime, whose occupation is listed as cloth business and who resides in Koparkhairne, Navi Mumbai, had filed a bail application (Criminal Bail Application No. 829 of 2018) under Section 439 of the Code of Criminal Procedure. He was implicated in a case registered by the Anti-Narcotics Cell (ANC), Azad Maidan Unit, Mumbai (C.R./LAC No. 47/2018).

The prosecution, represented by Learned Additional Public Prosecutor (A.P.P.) Mr. B. G. Rajput, vehemently opposed the bail. The Investigating Officer contended that 10 grams of MD, a narcotic substance, were seized from Ejime during a raid conducted in the early morning hours of October 20, 2018, while police officers were on patrol. A significant point of contention raised by the prosecution was Ejime’s foreign nationality and his alleged inability to produce a passport and Visa during interrogation, suggesting he was residing in Mumbai illegally. The prosecution expressed strong apprehension that Ejime, if granted bail, would abscond and evade trial. They further claimed he was a “habitual offender.”

However, Mr. V. P. Shinde, the learned Advocate for the applicant/accused, countered the prosecution’s arguments. He did not dispute the seizure of 10 grams of MD. Importantly, the court noted that this quantity, while above a “small quantity,” was “below commercial quantity.” This distinction is crucial under Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities, effectively creating a bar to bail. Since the seized quantity was below commercial, the statutory bar for granting bail under Section 37 did not apply to Ejime’s case.

Addressing the critical issue of Ejime’s passport and Visa, the defense counsel submitted that Ejime had personally informed him that his passport with Visa had been “attached by the Police Officer.” This contradicted the Investigating Officer’s claim that all five accused in the case did not possess passports or Visas at the time of the incident.

In a pragmatic move to address the prosecution’s concerns about potential absconding and lack of documentation, the defense counsel proposed that the court could impose a condition requiring the accused to produce his passport on record before release. The court agreed with this suggestion, reasoning that such a condition would not prejudice the prosecution.

Recognizing the accused’s foreign nationality and the need to secure his presence for trial, Special Judge Mungale imposed a set of stringent conditions, demonstrating a balancing act between the rights of the accused and the concerns of law enforcement.

Key conditions for Arnest Okoroji Ejime’s bail:

• P.R. Bond and Surety: Release on executing a P.R. bond of Rs. 50,000/- and a surety of the like amount. Ejime is allowed to submit one or more sureties to meet the amount, with a six-week period granted to arrange the surety.
• Provisional Cash Security: In the interim, and subject to compliance with other conditions, Ejime can be released on a provisional cash security of Rs. 75,000/-.
• Document Submission: He must submit his photograph as well as his passport with a valid Visa before being released on bail. Within one month of his release, he must also produce his residential proof in Mumbai.
• Mandatory Reporting: To ensure his presence, Ejime is required to report to the Officer In-charge of the ANC Azad Maidan Unit, Mumbai, every Monday between 11:00 a.m. and 2:00 p.m. until the chargesheet is filed. After the chargesheet is filed, this reporting frequency will reduce to the last Monday of each month during the same hours, until the final disposal of the case.
• Non-Tampering: He is explicitly ordered not to tamper with prosecution evidence and to obey the usual terms and conditions of bail bonds.
• Travel Restriction: Ejime shall not leave India without prior permission of the court until further orders.

The court’s decision reflects a careful consideration of the facts, the legal provisions of the NDPS Act, and the practical challenges associated with foreign nationals in such cases. While acknowledging the seriousness of drug-related offenses, the judge found that denying bail based solely on unverified claims of illegal stay or without concrete evidence of flight risk, especially when the seized quantity was not commercial, would be an overreach. The imposition of strict conditions aims to mitigate the prosecution’s concerns.

The order was dictated on December 14, 2018, transcribed on December 15, and signed on December 17, 2018. The judgment was uploaded on December 17, 2018, at 11:20 a.m. Ejime’s release is now contingent upon his ability to fulfill these specific conditions laid down by the court.