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Synopsis

The Bombay High Court recently granted bail to a man in an NDPS (Narcotic Drugs and Psychotropic Substances) case after finding that the contraband had been weighed along with the plastic bag in which it was discovered.

A single-judge bench of the high court comprising Justice MS Karnik was hearing a bail application filed by a man who had been charged under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On May 4, 2022, while one of the police units was on patrolling duty, they observed the applicant's movements to be suspicious.

Subsequently, the police arrested the applicant after discovering 52 grams of contraband Mephedrone, which constitutes a commercial quantity.

The Additional Public Prosecutor, PH Gaikwad, argued that the contraband found was of a commercial quantity and that the provisions of Section 37 of the NDPS Act would apply. He further stated that there was full compliance with sections 42 and 50 of the NDPS Act.

However, the high court noted that the applicant was found in possession of a quantity that was 2 grams more than the commercial quantity specified under the act. Additionally, it was observed that the contraband was weighed along with the plastic bag.

“However, reading of inventory panchanama reveals that contraband was weighed along with plastic bag in which the said drug was found. The applicant was found in possession of quantity of 2 grams more than the minimum quantity which is prescribed as a commercial quantity by the NDPS Act,” the order states.

The bench took into account that the applicant had been incarcerated for 22 months and had no prior criminal record.

Additionally, it noted that the investigation had been completed, and the chargesheet had been filed, but the trial would still take some time to conclude.

As a result, the bench decided to grant bail to the accused.

Case title: Imitiyaz Sattar Shaikh vs State of Maharashtra