The Bombay High Court has rejected the anticipatory bail application of Mohammed Sher Sharif Khan, a 23-year-old businessman, accused of being involved in a drug trafficking case under the Narcotics Drugs and Psychotropic Substances (NDPS) Act. The court, presided over by Justice R.N. Laddha, denied the bail on 16 October 2024, citing the serious nature of the allegations and Khan’s alleged role in supplying a commercial quantity of drugs.
Case Background
The case stems from the arrest of co-accused Ahsaam Khan, who was apprehended by the Narcotics Control Bureau (NCB) on 20 May 2021, in possession of 62 grams of Mephedrone (MD), a substance classified as a commercial quantity under the NDPS Act. During the investigation, Ahsaam Khan named Mohammed Sher Sharif Khan as the supplier of the contraband.
The NCB registered a case under Special Case No.1409 of 2021, charging Khan with offenses under Sections 8(c) read with 22(c), 27, 27A, 28, and 29 of the NDPS Act.
Arguments in Court
Khan’s defense argued that he was not involved in the crime and claimed innocence. His counsel stated that on the day of the incident, Khan was at his residence, and the co-accused Ahsaam Khan had borrowed his scooter for 15 minutes. When the co-accused did not return the scooter, Khan tried contacting him. The defense emphasized that there was no incriminating material linking Khan to the crime apart from the co-accused’s statement and that Khan had no criminal antecedents.
The prosecution, however, argued that Khan was the supplier of the seized drugs and that his custodial interrogation was necessary for the investigation. The prosecution presented that Khan had evaded the investigation since the registration of the case in 2021. Despite receiving notices under Section 67 of the NDPS Act on three separate occasions, Khan failed to respond or appear before the investigating officers. The prosecution also pointed out that Khan had gone into hiding, delaying his bail application by several months after the Sessions Court had rejected his pre-arrest bail in November 2023.
Court’s Observations
After considering the submissions from both sides, Justice R.N. Laddha noted that the evidence presented prima facie indicated Khan’s involvement in the crime. The court observed that during the investigation, the co-accused had named Khan as the supplier in the presence of witnesses, and there was sufficient material suggesting that Khan had contact with the co-accused.
The court further observed that Khan’s pattern of behavior—evading investigation and not cooperating with authorities—suggested that he was intentionally avoiding the legal process. The judge highlighted that the gravity of the offense, involving a commercial quantity of drugs, required a strict approach to prevent the proliferation of narcotics in society.
In view of the seriousness of the crime, the court held that granting anticipatory bail in such cases would not be appropriate. Citing precedents, the court reiterated that anticipatory bail is an extraordinary provision and should be exercised with caution, especially in cases involving serious offenses like drug trafficking.
Conclusion
Based on the severity of the allegations and the broader implications for society, the court decided against granting anticipatory bail to Mohammed Sher Sharif Khan. The application was rejected, with the court emphasizing the need for strict action in drug trafficking cases to safeguard public safety.
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