Procedural lapses: HC grants bail to 23-year-old man caught with drugs | Mumbai news

Mumbai: The Bombay High Court has granted bail to a 23-year-old city resident arrested in July 2021 for allegedly possessing 45 sealed bottles of Codeine Phosphate syrup and 3.4 kg of marijuana, citing procedural lapses and prolonged incarceration.

A single-judge bench of Justice Milind Jadhav was hearing the third bail application of Mohammed Gulfam Mohammed Ajaz Khan, who was arrested by the Worli unit of the Mumbai Police’s anti-narcotics cell. Khan approached the court contending that his arrest memo, which should have informed him of the grounds for his detention, was left blank. Additionally, he argued that the chargesheet lacked an inventory panchnama and a certificate under Section 52A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Under Section 52A of the NDPS Act, authorities are required to certify the correctness of the seizure inventory. Khan pointed out that while he was arrested on July 3, 2021, and the samples were sent for chemical analysis two days later, the police failed to obtain the mandatory certification under this provision.

“Prima facie, it is seen that provisions of Section 52A(2)(a) (disposal of seized narcotic drugs) and (2)(c) (any mixture, with or without any neutral material, of any of the above forms of cannabis) have not been complied with in the present case. In that view of the matter, the statutory procedure having not been followed would vitiate the recovery of the alleged contraband,” the court observed while granting bail. The judge also reiterated that compliance with NDPS Act provisions is mandatory.

Khan has been granted bail upon furnishing a bond of ₹25,000. He has been directed to report to the investigating officer for the first three months and thereafter as required. Additionally, he has been barred from leaving Maharashtra without prior permission from the trial court and has been instructed not to influence witnesses or tamper with evidence.