Drugs Recovered From 2 Persons Separately When They Are Apprehended Together Should Be Considered As Separate Seizures: Bombay HC

The Bombay High Court while granting bail to the Applicant indicted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) has observed that drugs recovered from two persons separately when they are apprehended together, should be considered as separate seizures.

Justice Shivkumar Dige observed, “Admittedly, police have recovered contraband of totalling 10.319 kg from the possession of the Applicant and contraband totalling 11.24 kg from the possession of the co-accused. It is alleged that, both applicant and co-accused were travelling together and contraband recovered from their possession was commercial quantity. In my view, though applicant and co-accused found together but, they were carrying the contraband individually”.

Advocate Ganesh Gupta appeared for the Applicant, and Additional Public Prosecutor P.N. Dabholkar appeared for the Respondent.

A Bail Application was filed before the Court in a case filed under Sections 8(c), 22(b)(ii)(c), and 29 of the NDPS Act. The Applicant contended that police and the Anti-Narcotic Cell (ANC) seized 10 kg of contraband from the Applicant and 11 kg of contraband from the co-accused. The Applicant further contended that the quantity seized by the authorities did not fall under the commercial quantities prescribed per the NDPS Act.

On the contrary, the Respondents contended that the collective quantities seized were 22 kgs, which was within the commercial quantities under the NDPS Act. The Respondent further contended that the coaccused and the Applicant were traveling together which indicates the presence of a conspiracy. 

The Court noted that the Applicant and the co-accused carried the contraband individually despite being found together. The Court referred to the case of Smt. Rashida Iqbal Khan v State of Maharashtra [Criminal Application No.2177 of 2006] and reiterated that the contraband recovered from each person should be considered separately.

Accordingly, the Court allowed the Bail Application.

Cause Title: Sagar Nana Borkar v The State of Maharashtra

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