Bombay High Court Grants Bail to Man After Charas Loses Weight in Police Custody
The Bombay High Court granted bail to Bandra businessman Sunil Nayak on the grounds that the weight of the charas seized from him was found to be just 10 grams less than what was weighed before the magistrate two months ago.
Mumbai, October 28: The Bombay High Court granted bail to Bandra businessman Sunil Nayak on the grounds that the weight of the charas seized from him was found to be just 10 grams less than what was weighed before the magistrate two months ago. The HC clarified that the trial court would decide the question of which weight to go by during trial, the one during seizure or that during the mandatory inventory.
According to a report in TOI, Sunil Nayak's lawyer told the court that the weight of the contraband was of "intermediate, non-commercial quantity" and it is the one that the court had to rely on. Keeping RSS Leaders' Photos Not Terrorism, Says Madras High Court; Grants Bail to PFI Member in UAPA Case.
As per the National Narcotics Coordination Portal, Charas, which if consumed for a long period is said to cause hallucinations and it comes under the NDPS Act. Within the Act, more than one kilo of the substance is termed "commercial quantity". HC Grants Damages to Prisoner: Man Receives Rs 1 Lakh Damage From Gujarat High Court For Spending Three Years in Jail as Authorities Could Not Open Bail Order.
Nayak had been caught with another accused, who had 1.02kg of charas, and additional public prosecutor P H Gaikwad said together they possessed commercial quantity. He argued that a 59-day delay in drawing samples before the magistrate was beyond the control of the investigating agency. He further said that a 59-day delay in drawing samples before the magistrate was beyond the control of the agency, and during this time, the charas dried and its weight dropped.
Nayak's lawyer disagreed, saying the moisture argument was an afterthought and the sample before the magistrate held primary evidentiary value.
The court noted that there was no evidence to suggest that Nayak and the other accused were involved in the drug activities together. The possibility of the trial commencing soon seemed remote and with Nayak not having any criminal antecedents, further custody would amount to pretrial detention, the court said and granted him bail.
(The above story first appeared on LatestLY on Oct 28, 2023 03:23 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).