BLESSING AMAKA OKONKO v. STATE OF MAHARASHTRA
Bail Application Rejection: High Court Upholds NDPS Act Section 37 Restrictions, Citing Commercial Quantity of Drugs and Concerns over Applicant's Presence for Trial.
Court: Bombay High Court
Citation: 2025:BHC-AS:52819
Decision Date: 03-12-2025
List of Laws
The Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985
Case Brief
- Facts: The applicant, Blessing Amaka Okonko, sought bail in connection with FIR No. 01 of 2023 registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution alleged that the applicant was found in possession of 460 grams of Mephedrone (MD), a commercial quantity, and was implicated by a co-accused, Raju, as the supplier of the drug. The applicant's visa had also expired, indicating unauthorized residence in India.
- Procedural Posture: The applicant's initial bail application was rejected by the Special Court for NDPS at Greater Bombay. She then approached the High Court of Judicature at Bombay seeking bail.
- Issue: Whether the applicant is entitled to bail considering the provisions of Section 37 of the NDPS Act, the quantity of the contraband recovered, and the objections raised regarding non-compliance with Sections 42 and 50 of the NDPS Act?
- Holding: The High Court rejected the bail application.
- Reasoning: The Court found that the objections regarding non-compliance with Sections 42 and 50 of the NDPS Act were not sustainable. Regarding Section 42, the Court noted that the information received from the co-accused was reduced to writing and forwarded to the Senior Officer. As for Section 50, the Court observed that the applicant was apprised of her rights and had consented in writing to be searched by the police. The court noted that the personal search was conducted by a Gazetted Officer in the presence of a lady panch and another lady police officer. The Court also considered the stringent conditions for bail under Section 37 of the NDPS Act, which require the Public Prosecutor to be given an opportunity to oppose the bail and the Court to be satisfied that there are reasonable grounds to believe that the accused is not guilty. Given the commercial quantity of the drug recovered and the applicant's alleged involvement in drug trafficking, the Court was not satisfied that such reasonable grounds existed. The Court also considered the applicant's overstay in India after her visa expired, raising concerns about her availability for trial.