Mumbai, January 8, 2019 – A Special Judge for NDPS Cases at Greater Mumbai has granted bail to Kone Adama (28), a Nigerian national, who was arrested in October 2018 following a raid by Dongri Police Station where he was allegedly found with cocaine and mephedrone, and accused of assaulting police officers.
His Honour Special Judge M.S. Mungale (Court Room No. 44) allowed the bail application (NDPS BA No. 863 of 2018) on a personal recognizance bond of Rs. 50,000/- with one or more sureties in the like amount. The court noted that the quantities of the seized contraband were “non-commercial,” thereby not triggering the stringent bail restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Raid and Allegations
The incident occurred on October 17, 2018, between 11:30 p.m. and midnight, near Sandhurst Road Railway Station and Wadibunder Railway Yard area. According to the prosecution, Assistant Commissioner of Police of Dongri Division received secret information about Nigerian individuals selling intoxicants in the area. A joint raid was organized with Police Inspectors of Dongri police station and officers of the Railway Protection Force (RPF).
Upon arrival, police found 6-7 Nigerian persons gathered. While most managed to flee, Kone Adama was apprehended. The prosecution alleged that Adama assaulted Police Constable Salim Gani Shaikh of Wadibunder RPF Thane, striking him three times on the head with a bamboo stick in an attempt to cause death. He was also accused of injuring two other police officers and obstructing public duty, forming an unlawful assembly with the absconding individuals.
During Adama’s personal search, police allegedly recovered 10 grams of cocaine (valued at Rs. 30,000/-) and 16 grams of mephedrone (M.D.) (valued at Rs. 16,000/-), along with a mobile phone and Rs. 700/- cash. Consequently, an FIR was lodged against Adama and the absconding Nigerians under various sections of the Indian Penal Code (IPC), including 307 (attempt to murder), 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty), 333 (voluntarily causing grievous hurt to deter public servant from his duty), and sections related to unlawful assembly (143, 144, 145, 147, 149), as well as Sections 8(c) punishable under 21(a) and 22(c) of the NDPS Act.
Defense and Prosecution Arguments
Mr. V.P. Shinde, the learned advocate for Adama, asserted that his client was falsely implicated and had not committed any offense. He emphasized that the quantities of cocaine and mephedrone recovered were “non-commercial,” meaning the bar under Section 37 of the NDPS Act, which typically imposes stricter conditions for bail in commercial quantity cases, would not apply.
The Investigating Officer and Ld. A.P.P. Mr. B.G. Rajput strongly opposed the bail. They highlighted the gravity of the assault on police officers and argued that Adama had not produced his passport or visa, nor provided a residential address in Mumbai, suggesting he might be staying illegally and could abscond to his home country if released. They contended that granting bail would allow him to continue his alleged illegal drug trade.
Court’s Analysis and Decision
Special Judge Mungale meticulously reviewed the arguments and investigation papers, including the medical records of the injured police personnel.
On the drug charges, the court affirmed the defense’s argument, stating that “The quantity of both said contrabands is non commercial quantity and therefore, there is no bar under Section 37 of the N.D.P.S. Act for grant of bail to the applicant/accused.” (For reference, the small quantity for cocaine is 2 grams and commercial quantity is 100 grams; for mephedrone, small quantity is 0.5 grams and commercial quantity is 50 grams).
Regarding the assault allegations, the court found discrepancies in the medical reports. While PC Salim Shaikh initially claimed he was hit three times with a bamboo stick and suffered bleeding injuries, his hospital records indicated he informed medical officers that a stone was hit on his head by Adama, not a bamboo stick. Furthermore, the medical papers concluded that his injury was of a simple nature, not grievous. The injuries sustained by PSI Sachin Dhage and PC Kiran were also noted as “simple nature” and were reported as “accidental injuries” to the medical officer, with no bleeding.
The court observed that “prima facie it appears that at the time of conducting raid by police officers, the applicant/accused and other absconding 6-7 accused persons assaulted the police officers, caused obstacle in their public duty. But, prima facie injuries sustained by police officers are not serious in nature.”
Given that over two months had passed since Adama’s arrest and “most of the investigation is already over,” the court concluded that further detention was not necessary. To mitigate the risk of Adama absconding or continuing illegal activities, the judge imposed several conditions.
Bail Conditions
The following conditions were imposed on Kone Adama for his release:
- He must execute a P.R. bond of Rs. 50,000/- with one or more sureties of the like amount.
- Before release, he must produce his photograph, Passport, and Visa on record.
- His passport and Visa shall not be returned to him without a specific court order.
- Within one month of release, he must provide proof of his residential address in Mumbai.
- He must report to the Investigating Officer every Monday between 11:00 a.m. to 2:00 p.m. until the charge-sheet is filed.
- After the charge-sheet is filed, he must report to Dongri Police Station on the last Monday of each month between 11:00 a.m. to 2:00 p.m. until the final disposal of the case.
- He shall not leave India without prior permission of the court.
- He shall not tamper with prosecution evidence.
The bail application stands disposed of with these detailed conditions.