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BOMBAY HIGH COURT
JITENDRA HIRALAL GOMTIVAL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
JUDGMENT :
(MANISH PITALE, J.)
1. Heard, Mr. Bidkar, learned counsel for the applicant and Mr. Patil, learned APP for the respondent-State.
2. The applicant is seeking bail, as he was arrested on 13th December, 2023 in connection with First Information Report No.0221 of 2023, dated 22nd October, 2023, registered at Police Station Bhiowada, District Thane, for offences under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Sections 18(c), 18(a), 27(b) and 28(a) of the Drugs and Cosmetics Act, 1940.
3. The allegation in the present case is that on the date and time of the incident 4000 bottles of Cough Syrup containing contraband codeine were recovered and investigation indicated that the applicant was the supplier of such contraband. In that connection the applicant was arrested on 13th December, 2023 and he has remained behind bars.
4. The investigation was completed and charge-sheet was filed on 01st April, 2024. Copy of the charge-sheet has been annexed to the application.
5. The learned counsel for the applicant submits that in the present case, there is total non-compliance of Section 52A of the NDPS Act and therefore, the entire case
Non-compliance with mandatory provisions of Section 52A of the NDPS Act vitiates the prosecution's case, warranting bail.
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
The court established that the recovery of contraband below commercial quantity and procedural non-compliance may warrant bail irrespective of serious charges.
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
Bail can be granted under the N.D.P.S Act when contraband quantity is below commercial threshold and procedural violations exist.
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