HC grants bail to Nigerian national caught with 250 grams mephedrone

Nigerian national arrested in Mumbra with mephedrone granted bail by Bombay HC due to search and seizure violations; ordered to furnish ₹1 lakh bond.

MUMBAI: The Bombay high court (HC) has granted bail to a Nigerian national apprehended in Mumbra with 250 grams of mephedrone or MD in 2021. The applicant, Sunday Eziko Ezagwu, has been ordered to be released on furnishing a personal recognizance bond of ₹1 lakh.

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According to the police, on the night of November 28, 2021, the Mumbra police received a tip-off about a potential drug deal near a dumping ground on Diva-Shil Road, Thane. Acting on this information, the police kept watch in the area. Around 4.05 am, they spotted three individuals, but two of them managed to flee. The third person, identified as Ezagwu, was stopped by the police.

As Ezagwu appeared to be a foreign national, the police informed him of his rights under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in English. However, he declined to exercise these rights, prompting the police to conduct a search in the presence of a witness. During the search, they found a plastic bag containing a white substance in Ezagwu’s front pocket, suspected to be mephedrone. Subsequently, the police seized the contraband and arrested Ezagwu.

During the hearing of the bail application, Ezagwu’s counsel raised several important points. Firstly, he argued that doubts about the legitimacy of the search and seizure conducted by the police were raised. He pointed out that the search was carried out by individuals who were not authorised under the law, which is a violation of the NDPS Act. Additionally, there was a failure to comply with Section 52-A of the NDPS Act, which mandates certain procedures for inventory.

In response, the Assistant Public Prosecutor (APP) admitted that there was indeed a lack of compliance with Section 52-A and acknowledged that an inventory had not been conducted as required by law.

Ezagwu’s counsel further highlighted discrepancies in the timing of events as recorded in official documents. For example, while the police claim to have apprehended Ezagwu at 4.05 am, the seizure memorandum indicated a different timeline, suggesting inconsistencies in the prosecution case.

The state prosecutor argued against granting bail, citing the seriousness of the charges and the risk of tampering with evidence or influencing witnesses.

However, a bench of Justice NJ Jamadar took note of these arguments and observed that there appeared to be a breach of statutory provisions regarding search and seizure. Given these concerns and considering the lengthy period Ezagwu has already spent in custody, the court granted bail in his favour. The decision was based on the fulfilment of legal conditions and not an indication of Ezagwu’s guilt or innocence.

As part of the bail conditions, Ezagwu is required to furnish a Personal Recognizance bond of ₹1 lakh with one or more sureties, mark his presence at Mumbra police station on the first Monday of every month, refrain from tampering with evidence or influencing witnesses, provide his contact details and residential address to the investigating officer, regularly attend court proceedings, and seek permission from the special court before leaving India.