The Bombay High Court has granted bail to two accused booked under the NDPS Act in a case involving alleged recovery of commercial quantity of drugs, observing prima facie discrepancies in the panchnamas prepared by the police.
Nashik Road Case
Justice Shivkumar Dige granted relief to Arjun Suresh Piwal and Manoj @ Manna Bharat Gangurde in a case registered at Nashik Road Police Station for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
As per the prosecution, on September 7, 2023, when police, acting on secret information, apprehended a co-accused and allegedly recovered 12.5 grams of MD. Based on subsequent statements, more accused were identified, including the present applicants.
House Searches Yielded 58 Grams and 6.5 Grams of MD
The applicants were arrested on October 18, 2023. During house searches, the police claimed to have recovered 58 grams of MD from Piwal and 6.5 grams from Gangurde. Further, over 1 kg of MD — classified as commercial quantity — was allegedly recovered later on the basis of Gangurde’s disclosure.
Their advocates Sana Raees Khan and Pushpa Ganediwala, submitted that there was non-compliance with the provisions of the NDPS Act prior to the searches. They also pointed to inconsistencies in the timing and conduct of the panchnamas, arguing they appeared “false and fabricated”.
Co-Accused Got Bail
It was further submitted that the accused had been in custody for over two-and-a-half years with no progress in trial, while co-accused had been granted bail.
Opposing the bail pleas, state advocate Prashant Jadhav argued that the applicants were habitual offenders and that “proper procedure was followed”, including obtaining permission from senior officers before conducting the searches.
After perusing the record, the court noted that multiple house searches were conducted on the same day and three panchnamas were prepared within short intervals, despite the accused residing in different localities.
Timeline Raises Doubt
The judge noted that the first panchanama started at 1.30 pm and ended at 3.30 pm. The second panchanama started at 4.00 pm and ended at 5.30 pm and the 3rd panchanama started at 5.45 pm and ended at 7.15 pm. “It appears from the record that the applicants and the other co-accused stay in different localities, yet the police prepared these panchanamas within a short gap of 30 minutes,” the court noted.
Questioning the timeline, the court added: “Prima facie, it creates doubt about preparation of these panchnamas.”
The court also flagged that the alleged recovery of over 1 kg of MD was recorded five days after the arrest and that there was no material to show the premises belonged to the accused. The use of the same panch witnesses across all panchnamas was another aspect that weighed with the court.
Taking note of these discrepancies and the prolonged incarceration, the court granted bail to both applicants on a personal bond of Rs 30,000 each, subject to conditions.
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