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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
Amey Sanjay Jadhav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Heard Mr. Pandit, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent – State. Perused the record.
2. Applicant seeks Bail in connection with C.R. No.14 of 2022 registered with the Wadala Police Station for offences punishable under Section 8(c), 20(c) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short “NDPS Act”). Applicant is incarcerated since 31.01.2022.
3. Briefly stated, case of prosecution is that on 31.01.2022, PSI Masalkar attached to Wadala Police Station received secret information that two persons would be carrying narcotic substance ‘charas’ on a black colour KTM Duke bike on Chembur Sewree Container Road below the Eastern Freeway at around 8:00 pm. Accordingly, the raiding team laid a trap and at around 8:40 pm, and intercepted and searched two persons riding the motorcycle; viz; Pranit Khaire (Accused No.2) who was riding the bike and present Applicant (Accused No.1) who was the pillion rider. It is prosecution case that during search, 1300 grams of charas (commercial quantity) was found in a polythene bag carried by Applicant in his hand and 700 grams of charas carried by Accused No.2 in a carry bag on his s
The court emphasized strict compliance with procedural safeguards under the NDPS Act, highlighting that significant lapses can undermine the prosecution's case, especially in light of prolonged incar....
The central legal point established in the judgment is the application of Section 37 of the NDPS Act, which applies when a commercial quantity of contraband is to be delivered to the accused, and the....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
Prolonged incarceration may override the statutory embargo created under Section 37 of the NDPS Act, leading to the grant of bail in certain cases.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The recovery of a commercial quantity of contraband and the refusal to be searched in the presence of a gazetted officer or magistrate can implicate an individual in the conscious possession of the c....
The need for substantial probable causes for believing that the accused is not guilty of the alleged offence and the deleterious impact of narcotic drugs on society.
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
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