Summary: Arshad Khan's request to be released from jail while waiting for his trial was turned down by the Bombay High Court. He was caught with 500 grams of Mephedrone, a large amount, and was charged under the NDPS Act.
On February 21, 2024, Arshad Khan was arrested after the police received a tip-off. He was found with 500 grams of Mephedrone at Pendhar Bridge Phata, Navi Mumbai. The police followed the rules, with two witnesses present during the search.
"The officers stopped him... During the search, they found a black bag... containing a small plastic pouch with off-white crystalline powder suspected to be Mephedrone."
Arshad's lawyer, Mr. Taraq Sayed, argued that there was no report from a Chemical Analyzer at first and pointed out mistakes in the way the drugs were taken. He also mentioned that the phone's location was different from where the drugs were found.
"The applicant’s three previous criminal records cannot, by themselves, be a reason to deny bail."
Mrs. Rajashree Newton, speaking for the state, argued against releasing Arshad. She emphasized that the drugs were checked and confirmed by a Chemical Analyzer's report. Witnesses also linked Arshad to getting drugs from Karnataka.
"The seized drugs were shown to the JMFC, Panvel, who checked the seizure and issued an inventory certificate."
Judge Amit Borkar pointed out how serious the crime was, noting the large amount of drugs involved. The court found no good reason to believe Arshad was not guilty.
"The accusations against the applicant are serious... The recovery is of 500 grams of Mephedrone, which is a large amount."
Under Section 37 of the NDPS Act, getting bail for cases involving large amounts of drugs is very restricted. The court must be convinced of the accused's innocence and that they won’t commit the crime again.
"Before granting bail in cases involving large amounts, the Court must be satisfied that there are reasonable grounds to believe that the accused is not guilty."
The court decided that Arshad's case did not meet the requirements for bail under the NDPS Act. This decision shows the strict approach against drug trafficking.
Arshad Khan remains in custody as the legal proceedings continue.
