Nagpur: A Special Court led by District & Sessions Judge M.S. Ganorkar granted bail to the accused, Mohammed Aslam, who had been arrested under Sections 8(k), 20(k), and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The prosecution argued that based on secret information, they apprehended Aslam, who was found in possession of a commercial quantity of Ganja. Following his arrest, four other individuals were also taken into custody based on the investigation, and a chargesheet was filed.
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However, Advocate Prakash Naidu, representing Aslam, argued that there were procedural irregularities in the arrest. Naidu pointed out that the Spot Panchnama showed Aslam had been apprehended before 11:45 PM on November 8, 2024, with the contraband seized at that time. Despite this, the arrest form stated that Aslam was officially arrested at 10:00 AM on November 9, 2024. Naidu contended that the delay and discrepancies in the arrest form, along with the failure to inform the accused and his relatives of the grounds for his arrest, violated his fundamental rights under Articles 21 and 22 of the Indian Constitution, as well as provisions of the NDPS Act and the BNSS Act.
Naidu cited several court judgments, arguing that the law mandates that the grounds for arrest be communicated in writing to both the accused and their relatives, without exception. He emphasized that the prosecution’s claim of orally informing the accused and his family did not meet the legislative intent and could not be accepted. He further noted that the Station Diary Entry lacked clear evidence of the grounds of arrest being communicated to the accused or his relatives.
Although the prosecution’s entry mentioned informing the accused’s wife, there was no proof of how or from which phone number the communication occurred. No documentation confirmed that the wife or any relative had been informed of the reasons for the arrest.
Naidu argued that the failure to follow the prescribed procedures for informing the accused and his family made the arrest illegal and violated constitutional rights. Based on this, he requested that the court grant bail.
After considering the arguments, the court granted bail to Mohammed Aslam. Advocate Prakash Naidu, along with Mitesh Bais, Homesh Chauhan, Surabhi (Naidu) Godbole, and Dhruv Sharma, represented the accused.
