HC grants bail to man arrested in drug case citing police’s procedural errors

The Bombay High Court has granted bail to a 22-year-old man, who was arrested for allegedly possessing 50 kg of ganja (cannabis). The court’s decision stemmed from the observation that the Mumbai police’s Anti-Narcotic Cell (ANC) had failed to adhere to legally mandated search and seizure procedures, casting doubt on the legitimacy of the recovery.
Justice Anuja Prabhudessai, sitting as a single bench, issued the bail order on September 15, extending relief to Shivraj Satpute. Satpute had been arrested by the ANC on July 6, 2021, at his residence in Ahmednagar, where the authorities also confiscated 50 kg of ganja.
In his plea for bail, the accused argued that the search of his residence had occurred during the night, and the mandatory seizure and sampling procedures had not been followed, rendering the seizure unlawful. The prosecution, on the other hand, contended that the search had been conducted based on a disclosure statement from a co-accused, characterizing it as a chance discovery.
The court’s order highlighted the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which allow an officer to conduct a search without a warrant or authorization between sunrise and sunset. However, the law mandates obtaining a warrant unless there are grounds to believe that doing so would allow the offender to escape, and these grounds must be recorded.
In this case, the accused’s residence had been searched, and ganja had been seized during the night without a warrant or authorization. The court rejected the prosecution’s argument that it was a chance discovery, noting that the co-accused, whose statement had led to the search of Satpute’s house, had been arrested five days earlier.
The court further emphasized that the search and seizure, which violated the mandatory provisions of section 42 of the NDPS Act, raised doubts about the validity of the recovery. Given that the accused had spent two years in custody, had no criminal history, and the trial was unlikely to conclude promptly, the court invoked the fundamental right under Article 21 of the Constitution of India to grant Satpute bail, requiring a surety of Rs 50,000.