Read Time: 06 minutes

Synopsis

A single judge bench of the Bombay High Court, presided by Justice Anuja Prabhudesai, recently denied bail to a man who was found in possession of 10kg of brownies, 320 grams of opium, and cash exceeding Rs. 1 lakh. The judge observed that drug abuse not only affects the user but also has long-term and devastating consequences on the entire family. 

“It is well known that drug abuse in adolescents and youth poses high risk of physical, psychological and emotional disorder. The long term and long lasting effects of drug abuse not only impact the user but also have devastating effects on the entire family,” 

The high court was considering a bail application filed by a person booked under the Narcotics Drugs and Psychotropic Substances Act. 

The appellant's bail plea had been rejected by the Special Court, citing that the seized contraband was of commercial quantity and considering the severity of the offense. In response, the appellant filed an appeal before the Bombay High Court.

Advocate Taraq Sayad, representing the applicant, argued that the quantity of charas mixed in brownies was not of commercial quantity. He raised concerns about the discrepancy in the NCB seal, which casts doubt on the seizure and sealing process. Sayad asserted that bail should be granted, considering that the applicant is a young individual with no prior criminal record, and has been in custody since 12.07.2021. Furthermore, he pointed out the large pendency of cases, suggesting that the chances of a speedy trial are dim.

The Special Public Prosecutor argued that the evidence on record prima facie indicates that the applicant was involved in taking orders and selling charas-infused brownies through an online delivery platform called Wefast App. He further mentioned that the NCB team recovered 10 kgs of brownies from the applicant's residence, and the sample tested positive for charas.

The Public Prosecutor added that when a narcotic or psychotropic substance is mixed with neutral substances, the combined weight, and not just the weight of the offending drug, should be considered when determining if the drug is of small, intermediate, or commercial quantity.

The bench denied bail to the applicant and expressed concern that there is a possibility of the applicant continuing to engage in the online sale of charas-laced brownies to students, adolescents, and youngsters.

“The applicant was prima facie in possession of commercial quantity of contraband, and there are no reasonable grounds for believing that the applicant is not guilty of the offence. Furthermore, the possibility of the applicant continuing online sale of charas laced brownies to the students, adolescents and youngsters cannot prima facie be ruled out,”

Case title: Rahmeen Rafiq Charania vs Union of India