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Synopsis

The Bombay High Court has recently observed that, for calculating the commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, the recovery of contraband from the accused should be considered separately.

The observation was made by a single-judge bench of the Bombay High Court, presided over by Justice SG Dige, in the case of Sagar Borkar. Borkar was booked under Sections 8(c), 22(b)(ii)(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The Anti Narcotics Cell in Pune discovered 11.245 kg of contraband in possession of the applicant, Sagar Borkar, and an additional 10.139 kg from a co-accused.

Borkar's counsel argued that the contraband did not constitute a commercial quantity and that Borkar had been in jail for over a year, warranting his release on bail.

The prosecution, on the other hand, asserted that the accused were apprehended with a total of more than 22 kg of contraband, which qualifies as a commercial quantity.

Additionally, it was argued that Section 29 was invoked against the accused due to their alleged involvement in transportation and conspiracy together.

However, the bench said that contraband should be considered separately while calculating commercial quantity.

“The recovery of the contraband from the possession of the Applicant and co-accused should be considered separately and as observed by this Court in case of Smt.Rashida Iqbal Khan V/s. State of Maharashtra 1 , has taken a same view. Applicant is behind bar more than 1 year and 9 months. Investigation is completed and charge-sheet has been filed,” the order reads.  

Case title: Sagar Nana Borkar vs State of Maharashtra