Mumbai, May 2, 2025 (Friday, 9:58 PM IST, Thane, Maharashtra): In a recent order, the Special Judge for N.D.P.S. Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), granted bail to Fardeen Mehafus Khan, a 22-year-old driver, who was arrested in connection with the possession of Methylenedioxymethamphetamine (MD), commonly known as ecstasy or molly. The order, dated October 30, 2023, was issued following the hearing of Bail Application No. 847 of 2023 in C. R. No. 91/2023 registered at Sahar Police Station, Mumbai.

Fardeen Mehafus Khan was apprehended on September 7, 2023, by officers of the Sahar Police Station and charged under sections 8(c) read with section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

According to the prosecution’s case, on September 6, 2023, police personnel from Andheri Police Station were on patrolling duty within the jurisdiction of Sahar Police Station, as directed by their senior officers. Around 8:55 PM, near Ganesh Maidan, Chimatpada, Marol Naka, Andheri (W), they noticed the applicant, Fardeen Mehafus Khan, allegedly behaving suspiciously while seemingly waiting for someone. Upon inquiry, he identified himself. Subsequently, after calling panchas (independent witnesses) and completing the necessary legal procedures, a search was conducted. This search allegedly led to the recovery of 5.3 grams of MD from the right pocket of his pants and an OPPO mobile phone from his shirt pocket. The seized contraband was documented under a panchanama, and the applicant was arrested after the registration of the offence.

In his bail application, Fardeen Khan, represented by Advocate Mr. Sachin Shirke, portrayed himself as a peace-loving permanent resident of Mumbai. The application emphasized that the quantity of MD allegedly recovered from him, 5.3 grams, falls under the “small quantity” category as defined under the NDPS Act, thus arguing that the stringent bar under Section 37 of the Act should not be applicable. The defense also contended that the investigation in the case was complete and that keeping the young applicant in jail would serve no fruitful purpose. Mr. Shirke assured the court that his client was ready and willing to abide by all conditions imposed by the court if granted bail.

The prosecution, represented by learned APP Mr. Shankar Erande, opposed the bail application. While acknowledging that the quantity of contraband recovered was non-commercial, the APP argued that the offence was serious in nature. He maintained that all procedures under the NDPS Act were followed during the apprehension and seizure. Consequently, he urged the court to reject the bail application.

Upon perusal of the case records and consideration of the arguments presented by both sides, Special Judge Shri R. R. Bhagwat decided to grant bail to the applicant. The court noted that an intermediate quantity of contraband was recovered from the applicant, and therefore, the stringent conditions of Section 37 of the NDPS Act were not attracted. The court also took into account the applicant’s lack of prior criminal record and his residency in Mumbai, which would facilitate his presence for investigation and trial. The Special Judge opined that imposing stringent conditions would suffice to ensure the applicant’s cooperation with the ongoing investigation.

Consequently, the court issued the following order:

ORDER

1. Bail Application No. 847/2023 is hereby allowed.
2. Applicant/accused Fardeen Mehafus Khan in C.R. No. 91/2023 of Sahar Police Station, Mumbai registered under section 8(c) r/w 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 shall be released on his executing P. R. Bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one or two sureties in the like amount.
3. The applicant/accused is directed to attend Sahar Police Station every Monday between 11:00 a.m. to 02:00 p.m. until the filing of the charge-sheet.
4. The applicant/accused and his sureties shall provide their respective mobile numbers and correct addresses of their respective residences along with the names and contact details of two relatives.
5. The applicant/accused shall produce proof of his identity and proof of residence at the time of executing the bail bond.
6. The applicant/accused is strictly prohibited from tampering with prosecution witnesses or evidence in any manner and is directed to co-operate in the early disposal of the trial.
7. The applicant/accused shall not commit any similar offence while on bail.
8. Upon the request of the learned Advocate for the applicant/accused, the applicant/accused shall be released on provisional cash bail of Rs. 30,000/- for the next four weeks from the date of this order.
9. Bail application no. 847/2023 is disposed off accordingly.

The order was dictated on October 30, 2023, transcribed on November 1, 2023, and signed and uploaded on November 2 and 3, 2023, respectively.

The granting of bail to the young accused highlights the court’s consideration of the quantity of the alleged contraband and the applicant’s background, even in cases involving serious offences under the NDPS Act. The imposed conditions underscore the court’s intent to ensure the applicant’s presence for the ongoing legal proceedings and to prevent any potential obstruction of justice.