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Synopsis

The Bombay High Court has granted bail to a man who was booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 after 1 kg 10 grams of charas were seized from him. However, this quantity was reduced to 1 kg due to drying when presented before the magistrate.

Justice MS Karnik heard a plea from a man from whom 1 kg 10 grams of charas was seized during a search prompted by suspicious activity observed during police patrolling duty.

The contraband 'Charas' weighed 1 kg and 10 grams at the time of seizure on 16/04/2022.

After a delay of 59 days, in accordance with the provisions of section 52A of the NDPS Act, samples were drawn before the magistrate on 13/06/2022, where the total weight, including the samples, was found to be 1 kg.

The Additional Public Prosecutor argued that the 59-day delay in drawing samples before the Magistrate had prejudiced the prosecution.

While the 'Charas' weighed 1 kg and 10 grams, which is a commercial quantity, at the time of seizure, the weight of the contraband changed during the inventory panchanama when samples were drawn.

It was added that the change in the weight of the 'Charas' was due to moisture at the time of seizure, but after 59 days, it dried, resulting in a different weight in the inventory from the actual weight at the time of seizure.

The Additional Public Prosecutor argued that the weight at the time of seizure should be considered, not the weight taken before the learned Magistrate. He also explained that the 59-day delay was due to circumstances beyond the control of the prosecuting agency.

However, the bench was of the opinion that the weight of the contraband recorded at the time of inventory before the Magistrate should be considered in compliance with Section 52A of the NDPS Act.

The bench, however, determined that the issue of the charas drying up should be considered during the trial.

“…having regard to the submission of learned APP that delay in compliance of section 52A caused prejudice to the prosecution as at the time of seizure, the ‘Charas’ was found to be moist which underwent a change at the time of sampling when the contraband by then had dried. These are the aspects which will be decided by the trial Court during the trial and I may not be understood to have expressed any opinion on merits,” the order states.

Case title: Sunil Shishupal Nayak vs State of Maharashtra