PRASAD 917_BA_4158_2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4158 OF 2025 Boniface Okana Afo …. Applicant V/s. Union of India and Anr. … Respondents Ms. Zehra Charania a/w Ayaz Khan, for the Applicant. Ms. Manisha Shekhar Jagtap, SPP for the Respondent No.1 – UOI. Ms. Anagha A. Deshmukh, APP for the Respondent – State. CORAM: SHYAM C. CHANDAK, J. DATED : 06th AUGUST 2026 P.C.:- . Heard learned Counsel for the parties. Perused the record. 2. Instant Application seeks release of the Applicant on bail in Special Case No.2070 of 2024, arising out of File No.NCB/MZU/CR-29/2023 registered with Narcotics Control Bureau, Mumbai Zonal Unit, (“NCB”) for offence punishable under Sections 8(c) read with Section 22(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS”), pending before the Court of the learned Special Judge for N.D.P.S. Cases, at Greater Mumbai. 3. On 19.10.2023, a specific input was received by Mr. Singh, Inspector, NCB, Mumbai that a contraband parcel was booked from Netherlands and it was destined to Ulwe, Navi Mumbai. Following that input, the team of NCB in presence of panchas visited at the Foreign Post Office,Ballard Estate, Mumbai and conducted the search. During the search they found one parcel containing 4970 MDMA/Ecstasy tablets weighing 2.170 Kgs. The said contraband was seized. Accordingly, the aforesaid file number PRASAD 917_BA_4158_2025.DOC came to be registered. During investigation on going through the mobile No. present on the contraband parcel, its linkage, intelligence input and financial trail, Sh. Mallick, IO revealed that the Applicant was involved in this crime. Therefore, on 23.04.2024 house search was conducted at the residence of the Applicant. The Applicant was present there. Several incriminating articles, including mobile phones, multiple bank debit cards, passenger documents and financial records were seized, indicating Applicant’s role in the drug trafficking conspiracy. Therefore, the Applicant’s statement under Section 67 of NDPS Act came to be recorded. Therein, he has admitted that he had procured the mobile number mentioned on the contraband parcel, he was using that SIM in the mobile phone seized from him. Therefore, the Applicant was arrested. On completion of investigation complaint was filed. The trial Court declined to release the Applicant on bail. 4. Ms. Charania, learned Counsel for the Applicant submitted that, except the statement of the Applciant recorded under Section 67 of the NDPS Act, there no legally admissible and relevant evidence against the Applicant showing that he had imported/trafficked the contraband from Netherlands, for money. Therefore, the Applicant is entitled for bail. 5. In reply, Ms. Jagtap submitted that, mobile no.989####917 was admitted by the Applicant and he had used it in the mobile phone seized from his possession. Various debit cards were found in the possession of the Applicant during his room search, which the Applicant was using for illegal monetary transitions related to the contraband in question. The Applicant has admitted the offence in his statement under Section 67 of NDPS Act which is also corroborated with the material collected during investigation. Page 2 of 5 PRASAD 917_BA_4158_2025.DOC Thus, there is a prima facie case of trafficking commercial quantity of the contraband substance. The Applicant has not shown that he was not guilty of the crime. Therefore and, having regard to the rigours of Section 37 of NDPS Act, bail may be refused. 6. The Respondent contended that the Applicant had obtained mobile no.989####917 which was mentioned on the imported contraband parcel. However, the Affidavit-in-Reply does not mention the name of the person from whom that mobile SIM was obtained nor Ms. Jagtap has claimed that said person was examined during investigation, to confirm that the Applicant had obtained that mobile SIM. As alleged, the said mobile SIM was used in the mobile phone seized from the room of the accused. However, according to the Respondent, said mobile phone was given to the Applicant by one woman Christiana. Said Christiana is not examined. There is no evidence as to when the Applicant came in possession of the said mobile phone so as to accept that, indeed, the Applicant had used the said SIM in the seized mobile phone. 7. Ms. Jagtap submitted that although, no contraband was recovered during the house search of the Applicant, multiple bank debit cards and financial records were found in the said room. When the detailed information of the bank accounts related to the aforesaid debit cards was called, it revealed that Applicant was involved in financial transactions for drug trafficking conspiracy. 8. Nevertheless except the statement of the Applicant recorded under Section 67 of NDPS Act, nothing is pointed out from the record to show that the Applicant had visited the said banks for the purpose of cash deposit or withdrawal. Even if it is accepted that the Applicant had done monetary transactions in the said PRASAD 917_BA_4158_2025.DOC bank accounts, no specific transaction is pointed out to prima facie conclude that it was in relation to the contraband smuggle/trafficked from abroad. 9. The conspectus of the above discussion is that no prima facie case is made out against the Applicant of having committed the present offence. Therefore, the rigors of Section 37 of the NDPS Act are not applicable in this case. 10. In view thereof, the Applicant is entitled for bail. Hence, following Order :- (i) The Applicant – Boniface Okana Afo be released on bail in Special Case No.2070 of 2024, arising out of File No.NCB/MZU/CR-29/2023 registered NCB, MZU, Mumbai, now pending before the Court of the learned Special Judge for N.D.P.S. Cases, at Greater Mumbai, on his executing P.R. Bond in the sum of Rs.2,00,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at NCB, Mumbai Zonal Unit, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) Before his release from jail, the Applicant shall get his travel documents updated for the purpose of his lawful stay in India till conclusion of the trial and deposit his passport with the NCB, Mumbai. Page 4 of 5 PRASAD 917_BA_4158_2025.DOC (vi) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vii) The Applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 11. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.08.11 15:27:19 +0530