Hitesh Hemant Malhotra vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
Hitesh Hemant Malhotra – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Suhas Oak, Mr. Vinod Utekar
For the Respondents: Ms. Prajakta P. Shinde

Table of Content
1. details on the applicant's arrest and drug recovery. (Para 1)
2. determining drug quantity requires excluding weight of paper in certain cases. (Para 2 , 3 , 6 , 10)
3. legal interpretation of commercial quantity and its implications for bail. (Para 4 , 9)
4. bail was granted based on absence of criminal history and compliance with conditions. (Para 7 , 8 , 11)

2. On 8.6.2019 on personal search of the applicant, 10 square pieces of papers containing LSD drops of LSD solutions were found and recovered. Subsequently, on the same day, in house search, 13 pieces of brown colour papers each admeasuring 1/1 cm in size containing LSD drops of LSD solution were recovered. Additionally, 970 gms (570+400 gms) of charas, kept in the cupboard was recovered. Applicant was apprehended on 8.6.2019 for the offences punishable under Sections 8 (c), 20(b), 22(c) and 29 of the Narcotics Drugs and Psychotropic Substances “ ”

Act (NDPS Act for short) in connection with Crime No.153/2019 is registered with Vartak Nagar Police Station, Thane.

3. Applicant is seeking bail on the ground that quantity of contraband i.e. LSD and charas allegedly found and recovered from the person of applicant a

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BOMBAY HIGH COURTSANDEEP K. SHINDE, JHitesh Hemant Malhotra – AppellantVersusState of Maharashtra – Respondent

BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
Hitesh Hemant Malhotra – Appellant
Versus
State of Maharashtra – Respondent