HC grants bail to drug peddlers due to police negligence

Aurangabad, Dec 4:

Amalner police have caught red-handed three persons and seized 75 kg of ganja (marijuana) of valuing Rs 13.25 lakh from

their possession. However, the Aurangabad Bench of Bombay High Court Justice M G Sevlikar observed shortcomings inaction taken by police while confiscating banned drugs as per provisions under The Narcotic Drugs and Psychotropic Substances Act. As a result, the trio, Raju Bhavlal Pawar, Manoj Madan Pawar and Dinesh Mevalal Mohite, were granted bail on a surety of Rs 50,000 each.

What was the incident ?

The Amalner police (in Jalgaon district) has informed the superiors on the mobile phone that it has got information through confidential sources that three persons are arriving with ganja. The same was noted in the station diary. The squad was immediately formed and through raiding the police detained the trio riding on motorcycles. During the search, the ganja of the above value was seized from their possession and were booked under Sections 8, 20 and 22 of the NDPS Act.

Provisions in the Act / Argument

As per Section 42 (1) of the NDPS Act, it is mandatory to mention confidential information in the station diary. Apart from this, it is also mandatory to send a copy of the information written by the police station head (also called Thane Amaldar) in the station diary, to superiors within 72 hours, as per Section 42 (2) of the same Act.

Hence, Adv Abhaysinh Bhosale, representing the trio, brought to the notice of the High Court that in this case, the police had informed their superiors on mobile phone and then took entry in the station diary and then letter informing about it to the seniors. Although, it was mandatory upon them to act as per the provisions made under the Act. Hence he argued that the accused are eligible for bail. After hearing, Justice M J Sevlikar underlined that the action taken by police depicts it as internal communication. Hence he granted bail on the surety of Rs 50,000 each. S D Ghayal pleaded on behalf of the government.