Nagpur: In a significant ruling reinforcing constitutional safeguards, the Nagpur Bench of the Bombay High Court has granted bail to an Odisha resident arrested in a commercial quantity ganja seizure case, holding that the arrest procedure was legally flawed as the accused was not provided the written grounds of arrest in a language he could understand.
The case stems from an offence registered at Katol Police Station, where police allegedly seized 33.6 kg of ganja from Shivraj alias Rahul Malik. According to the prosecution, Malik was part of a cannabis supply network operating from Odisha, with bank transaction records cited as evidence of his alleged involvement.
During the bail hearing, the defence argued that the accused is a permanent resident of Odisha and is not familiar with Marathi. Despite this, the written grounds of arrest were served only in Marathi, depriving him of his constitutional right to be informed of the reasons for his arrest in a language he understands.
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July 13 ,2026 - Time 10.30Hrs
The State argued that although the written document was in Marathi, its contents had been orally explained to the accused in Hindi. However, the High Court held that this did not satisfy the constitutional requirement, observing that there was no material to show the accused understood Marathi or that the written grounds had been translated and furnished to him in Odia, his native language.
The Bench observed that constitutional protections relating to arrest are mandatory and cannot be reduced to procedural formalities. It further ruled that once the arrest itself is found to be legally defective, the stringent conditions for bail under Section 37 of the NDPS Act would not apply.
In view of the procedural lapse, the Nagpur Bench granted bail to the accused, emphasizing that constitutional rights must be protected irrespective of the seriousness of the allegations.
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