Bombay HC: Drugs found separately on 2 arrestees must be treated as separate seizures

25 September,2023 03:36 PM IST |  Mumbai  |  mid-day online correspondent

Bombay High Court has stated that drugs recovered from two individuals when apprehended together should be regarded as separate seizures.

Bombay High Court. File Pic


The Bombay High Court has stated that drugs recovered from two individuals when apprehended together should be regarded as separate seizures. This decision came as the court granted bail to a man arrested for the possession of ganja (cannabis) in the previous year.

According to a report by news agency PTI, an accused, Sagar Borkar, sought bail on the grounds that the police had allegedly seized only 10 kg of the contraband from him, which falls under an intermediate quantity. However, the police contended that Borkar and his co-accused were found in possession of a total of 22 kg of the contraband, which is considered a commercial quantity. Additionally, the charge of conspiracy was invoked since the two individuals were travelling together.

In an order dated September 15, a single bench of Justice SG Dige rejected the police's argument. The bench carefully examined the evidence and observed that the police had recovered 10.319 kg of ganja from Borkar and 11.24 kg from his co-accused, the report further mentioned.

The court, reportedly, emphasized that even though the applicant (Borkar) and the co-accused were apprehended together, they were carrying the contraband individually. Therefore, the court ruled that the recovery of the contraband from their respective possessions should be treated as separate seizures.

According to the case details, both Borkar and another individual were arrested for the possession of ganja. While Borkar was found with approximately 10 kg of the substance, the police discovered 11 kg on the co-accused involved in the case.

Cannabis plants seized in Aurangabad

Recently, Maharashtra Police seized cannabis plants worth Rs 21.18 lakh from a farm in the Aurangabad district. According to a PTI report, a team from Aurangabad rural police raided a farm in Sheikhpur village of Sillod taluka and found cannabis was being grown alongside maize, mango and other crops, reported PTI.

According to the report, the police seized plants weighing 353 kg from the farm belonging to one Dnyaneshwar Kajale and the contraband was worth Rs 21.18 lakh. They booked the absconding farmer under relevant provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

With PTI inputs

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