Key Points:
- Last week, the Bombay high court (HC) issued bail to a resident of Nashik owning 84 kilograms (kg) of poppy straw.
- Police said he had later brought them to a house where every 81 kilograms of poppy straw, kept in three bags.
- Under the related parts of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
- The judge found that while the police reported that from each of the six bags seized from the accused, they had drawn different samples.
- Justice Bhadang stated that it was stated in the record also that samples were resealed with both the magistrate’s seal.
- There is also no proof at this point of ownership or custody of the house from which 81 kg of poppy straw was seized.
Last week, the Bombay high court (HC) issued bail to a resident of Nashik who was arrested by local police officials for allegedly owning 84 kilograms (kg) of poppy straw.
Police, working on a tip-off, apprehended Ratan Morade on August 6, 2018, and found three polythene bags allegedly weighing 3 kg and 150 grams (gm) of poppy straw in his scooter.
Police said he had later brought them to a house where every 81 kilograms of poppy straw, kept in three bags, had been confiscated.
The arrest of Morade also led to the arrest of one of his accomplices, who seized another 18 kilograms of 400 gm of poppy straw.
Under the related parts of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, More, and his accomplice have been booked.
HC had been transferred to bail by Morade.
His prosecutor, the lawyer Ayaz Khan, pointed out the weight or seal inconsistencies on the samples taken from six bags, allegedly including poppy straw, retrieved from the defendant’s scooter, and the house marked out by him.
Khan also figured out there was nothing on record to demonstrate ownership of the property from which 81 kg of poppy straw was seized and that the contraband content was solely in Morade’s possession.
Justice CV Bhadang acknowledged the claim and gave the resident of Nashik bail.
The judge found that while the police reported that from each of the six bags seized from the accused, they had drawn different samples.
However, on August 8, 2018, the inventory record prepared before the judicial magistrate revealed that the products contained between 0.4gm and 0.6 gm of poppy straw.
Justice Bhadang stated that it was stated in the record also that samples were resealed with both the magistrate’s seal.
However, the police cover letter and the analysis of the chemical analyzer also suggested that the samples had a police station seal, and the sample weight ranged from 49.9 to 50.2 gm.
It suggests, prima facie, that the samples made before the magistrate did not weigh 50 gm. “at a certain rate, the samples produced and wrapped before the magistrate are not really the ones submitted to the chemical analyst,” Justice Bhadang said.
There is also no proof at this point of ownership or custody of the house from which 81 kg of poppy straw was seized, the judge said, ordering Morade to be released on the execution of a personal recognition (PR) bond of Rs 25,000 with one or two solvent guarantees of the same sum.
