Mumbai, October 6, 2018 – In a significant development, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Gr. Bombay, has granted bail to Njoku Nwachukwu Pius alias Joku Humay Wachuku, a 32-year-old Nigerian national. The order, delivered by His Honour Special Judge (NDPS) Shri. U. M. Mudholkar (C.R. No. 43), cited the prosecution’s failure to file the charge-sheet within the legally mandated period.
Njoku Nwachukwu Pius was arrested on July 28, 2018, by officers of the Anti-Narcotics Cell (ANC), Ghatkopar Unit, Mumbai, in connection with C.R. No. 30/2018. He faced charges under Sections 8(c) read with 21(b), 22(b), and 29 of the NDPS Act, 1985, along with Section 14(a)(b) of the Foreigners Act, and Section 37 read with 135 of the Bombay Police Act, 1952, and Sections 332 & 353 read with 34 of the Indian Penal Code.
Details of the Incident and Arrest
According to the prosecution, on July 28, 2018, a patrolling team from ANC, Ghatkopar Unit, was searching for absconded and wanted accused, including those in C.R. No. 118/2018 of J.J. Marg Police Station. At a specific spot, nine Nigerian nationals, including the applicant, were found loitering under suspicious circumstances. Upon inquiry by PI Sawant and the sudden presence of the police team, the individuals reportedly scuffled with the officers, resulting in injuries to some team members. The police successfully apprehended them, suspecting them of carrying contraband. A personal search, conducted in the presence of panch witnesses, allegedly revealed 14 grams of cocaine in Njoku Nwachukwu Pius’s possession, which was seized following due procedure. A knife was also reportedly found on co-accused Charles and seized. Following these events, the applicant was arrested for various offenses under the NDPS Act and other relevant statutes. He has been in judicial custody after the cessation of his police custody.
Arguments for and Against Bail
Learned Advocate Mr. S. Bhandary, representing the applicant, argued that Njoku Nwachukwu Pius was falsely implicated. He specifically highlighted that the seized quantity of cocaine (14 grams) falls under the category of a non-commercial quantity, thereby not attracting the stringent bar of Section 37 of the NDPS Act. Crucially, he submitted that the period for filing the charge-sheet had elapsed, and an application (Ex-8) seeking an extension of time for filing the charge-sheet had already been rejected by the court. Mr. Bhandary also stated that the applicant was willing to deposit his passport with the court and abide by any conditions imposed if granted bail.
Learned APP Mr. Panjwani, representing the State, opposed the bail application. He contended that the contraband was seized from the applicant’s possession by strictly adhering to the provisions of the NDPS Act. He expressed concerns that, being a foreign national, the applicant, if released on bail, might abscond and not be available for trial, potentially engaging in similar criminal activities. He also mentioned that the investigation was not yet complete.
Court’s Deliberation and Order
Special Judge U. M. Mudholkar, after hearing both sides and reviewing the record, acknowledged that the seized quantity of cocaine (14 grams) was “undoubtedly and admittedly non-commercial quantity.” Consequently, the court agreed that the bar under Section 37 of the NDPS Act was not attracted in this case.
The court further noted that the applicant was arrested on July 28, 2018, and the maximum punishment for the alleged offenses (up to 10 years imprisonment) legally obligated the Investigating Officer (IO) to file the charge-sheet within 60 days, i.e., on or before September 28, 2018. The court explicitly stated that as of the date of the order, the charge-sheet had not been filed. Crucially, the court also confirmed that its previous application for an extension of time (Ex-8) for filing the charge-sheet had been rejected. The judge concluded that, as a result, the applicant was entitled to default bail, rendering the merits of the case irrelevant for this specific bail consideration.
The court also took into account that the applicant had been in custody since his arrest and that the investigation was likely “almost completed,” with the main pending aspect being the collection of the Chemical Analyzer’s (CA) Report. It observed that most witnesses were ANC officers, minimizing the likelihood of tampering with evidence. The court noted that nothing further needed to be recovered or discovered at the applicant’s pointing out. Acknowledging that the trial would take a “sufficiently long time,” the court deemed further detention “unwarranted.” To mitigate the risk of absconding, the court decided that the surrender of the passport would be a “condition precedent” for his release. The court also found no record of criminal antecedents against the applicant.
Bail Conditions
Accordingly, the court allowed Bail Application No. 603/2018, subject to the following stringent conditions:
- The applicant, Njoku Nwachukwu Pius alias Joku Humay Wachuku, is to be released on bail upon executing a Personal Recognizance Bond of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only), with one or two sureties of the like amount.
- The applicant shall not leave the territory of India without prior permission from the court. If his passport has not been seized by the investigation agency, he must surrender it before the Registrar (Sessions) of this court prior to his actual release from jail. The passport will not be returned without the court’s prior permission. He shall also not apply for a fresh passport or any travel document without prior court permission.
- The applicant shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case to dissuade them from disclosing facts to the court or police, or tamper with evidence.
- The applicant shall not indulge in any criminal activities while on bail.
The bail application was disposed of accordingly.