Drugs found on two persons travelling together to be considered separately, says Bombay HC; grants bail to one – Times of India

MUMBAI: Holding that recovery of drugs from two persons though travelling together, should be considered separately, Bombay high court did not accept the state’s criminal conspiracy case and granted bail to an individual caught with intermediate amounts of Ganja.
The HC’s single judge bench of Justice Shivkumar Dige did not accept the state’s anti-narcotic cell case that together the amount found in possession of a duo travelling together was over 21 kgs, and hence commercial. Under the Narcotic Drugs and Psychotropic Substances Act (NDPS) offences are categorised on quantity of the contraband and attract severe sentencing if amounts are labelled “commercial”.
For Ganja, the small amount is 1 kg and 20 kg and above is commercial, the in between amount is intermediate.
Sagar Borkar, an accused was arrested on January 8, 2022, after Bharati Vidyapeeth Police Station, Pune for the offences punishable under Sections 8(c) (possession of commercial quantity), 22(b)(ii)(c) and 29 (criminal conspiracy). Borkar was found with 10.3 kg of ganjan. Police also arrested a co-accused who was found with 11.2 kgs of Ganja.
Borkar had applied for bail before the HC, after the special trial Judge in Pune rejected it. Justice Dige in a September 15 order, after hearing Borkar’s lawyer Ganesh Gupta and state prosecutor P N Dabholkar said: “In my view, though applicant and co-accused found together, they were carrying the contraband individually. The recovery of the contraband from the possession of the Applicant and co-accused should be considered separately and as observed by this Court”, in a case of Rashida Khan in a 2006 case.
The prosecutor had argued that since the combined weight was commercial, rigours of section 37 of the NDPS Act would apply in a bail plea. The HC citing the previous position taken by the HC in the 2006 order, considered Borkar’s possession individually and since it was lesser than commercial quantity the strict bail provisions did not apply.
The HC granted Borkar bail of Rs 25000 subject to him attending the police once a month for two hours till charges are framed.