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BHARATI DANGRE
Novafor Samuel Inoamaobi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Bharati Dangre, J. - The applicant came to be arrested on 23/10/2020, and on investigation, the charges against him came to be crystallized in NDPS Case No. 312/2021.
2. The applicant is a Nigerian National and on specific information received, that a Nigerian National would be coming on the given spot at the given time to sell cocaine, a team was formed by the ATS and raid was conducted. The action of the applicant was alleged to be suspicious, and on conducting his personal search, the alleged contraband purported to be cocaine concealed in blue coloured plastic bag weighing around 116.19 gms and a transparent plastic pouch containing Saffron coloured heart shape pills weighing around 40.73 gms and some pink coloured Ecstasy tablets weighing around 4.41 gms were recovered. He was shown to be arrested on 23/10/2020 and FIR No.7/2020 was lodged.
3. An examination report was received from the Directorate of Forensic Science Laboratory, State of Maharashtra, Home Department, Kalina dated 8/2/2021 when the seized material alleged to be contraband, was forwarded for analysis. Exhibit-1, a white powder in a press-closed polythene bag was reported to have contained Lidocaine and Ta
The paramount importance of liberty as a fundamental right and the unlawfulness of detention due to a mistaken report.
State Authorities are expected to behave in a responsible manner – State is expected to follow due procedure while depriving even a foreign national of his liberty.
Possession of commercial quantities of narcotics allows for a presumption of intent to sell, despite potential evidentiary discrepancies.
The court held that in cases of commercial quantity under the NDPS Act, bail can only be granted if the accused demonstrates reasonable grounds for believing innocence and that he will not reoffend, ....
Possession of contraband without a license or authority under the N.D.P.S. Act, 1985 leads to conviction under the relevant sections.
The central legal point established in the judgment is the interpretation of 'reasonable grounds' for granting bail under Section 37 of the NDPS Act and the determination of commercial quantity based....
Compliance with procedural requirements under the NDPS Act, the weight of seized substances, and the impact of the COVID-19 pandemic on bail applications.
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