Case Note & Summary
The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. No. II-116 of 2017 registered at Mumbra Police Station for offences under Section 8(c) read with Rules 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case arose from a raid on 14 November 2017, where two co-accused were found in possession of mephedrone (55 grams and 20 grams respectively), which is a commercial quantity. The applicant was not present at the scene but was implicated based on the statement of co-accused No. 1 during investigation. The prosecution opposed bail citing the stringent conditions under Section 37 of the NDPS Act, which require the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. The court analyzed the facts and found that the applicant was not in conscious possession of the contraband, as he was not present at the spot and no recovery was made from him. The court also noted that the applicant had been in custody since 2017, the trial had not commenced, and he had no criminal antecedents. The court held that the twin conditions under Section 37 were not attracted in the absence of a prima facie case against the applicant. Consequently, the court allowed the bail application and directed the applicant's release on furnishing a personal bond of Rs. 25,000 with one or more sureties.
Headnote
A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Section 37 - Twin Conditions - The court considered the stringent conditions under Section 37 for grant of bail in offences involving commercial quantity, but found that the prosecution failed to establish prima facie case of conscious possession against the applicant, who was not present at the spot and was implicated solely on the basis of co-accused's statement. (Paras 1-27) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Search and Seizure - Section 50 - Compliance - The court noted that the search of the co-accused was conducted after informing them of their right to be searched before a Magistrate or Gazetted Officer, and the panchnama reflected compliance, but the applicant was not searched. (Paras 2-10) C) Criminal Procedure Code, 1973 - Bail - Section 439 - The court exercised its discretion to grant bail to the applicant, who was in custody since 2017, as the trial was not likely to commence soon and the applicant had no criminal antecedents. (Paras 24-27)
Issue of Consideration
Whether the applicant is entitled to bail under the NDPS Act considering the alleged recovery of mephedrone and the applicability of Section 50 and Section 37.
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on furnishing a personal bond of Rs. 25,000 with one or more sureties.
Law Points
- Bail under NDPS Act
- Section 50 compliance
- Conscious possession
- Commercial quantity
- Twin conditions under Section 37
