New Delhi/Nagpur: The Supreme Court, with Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah presiding, has granted bail to individuals accused under Sections 20, 22, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution had alleged that, based on secret information received by the Butibori Police Station in Nagpur, the accused were traveling from Chandrapur to Nagpur in a white Ertiga car carrying contraband ganja. The Investigating Officer, following protocol, informed his superiors and received permission to set up a trap. The officer, along with government witnesses, a photographer, and a weighman, stopped the car near a dhaba on Wardha Road. Upon inspection, they discovered a compartment under the driver’s seat containing 36 bundles of ganja, weighing 74.780 kg. The accused were informed of their rights to be searched in the presence of a gazetted officer or magistrate, which they declined. Samples were sent to the Regional Forensic Science Laboratory, confirming the substance as ganja intended for commercial use.
Advocate Surabhi Naidu Godbole, representing the accused, argued that there was a failure to comply with Section 52(A) of the NDPS Act. She contended that due to this non-compliance, any trial would result in acquittal, as the forensic report lacked evidentiary value. Godbole also highlighted flaws in the prosecution’s process and the definition of ganja under the Act, asserting that continued incarceration was unjustified.
The Supreme Court, considering these arguments, ordered the immediate release of the accused. Advocates Prakash Naidu, Surabhi Naidu Godbole, and Anagha Desai represented the accused, while Advocates Anand Landge and Sidharth Dharmadhikari represented the state.
