Mumbai, August 22, 2022 – Shirish Raju Dhadke and Dilip Sambhaji Kharatmol, accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case, have been granted bail by the Special Court for NDPS Act, Greater Bombay. The court’s decision was based on a forensic science laboratory report confirming that the seized material was not a contraband substance under the NDPS Act.

Dhadke and Kharatmol were arrested in connection with Special L.A.C./C.R. No. 21 of 2022, initially registered as Crime No. 104/2022 at Kurla Police Station and later transferred to DCB-CID Unit-V. They were alleged to be in possession of a commercial quantity of Mephedrone (MD).

Defense Arguments and Court Proceedings:

The accused, through their lawyer Mr. Katke, argued that they were falsely implicated in the case as part of a conspiracy by one Balu Kokane. Kharatmol, who runs a chemical business under the name M/s. Balaji Enterprises, claimed that the seized substance was Lignocaine, a commonly available chemical, and not Mephedrone (MD) or any other contraband.

The defense counsel emphasized that a forensic science laboratory report would clarify the matter and requested the court to call for the report. The prosecution was directed to produce the report at the earliest.

Forensic Report and Court’s Decision:

The prosecution subsequently submitted the forensic science laboratory reports (Exh-03 and 4), which confirmed that the seized material was not narcotics drugs like Mephedrone (MD), Alprazolam, Cocaine, Lorazepam, Nitrazepam, Diazepam, Methaqualone, MDMA, Ketamine, Morphine, or Heroin.

Ld. Additional Public Prosecutor Shri. S.S. Panjwani conceded that since the seized articles were not narcotics or psychotropic substances, the accused were entitled to bail.

“Ld. Additional Public Prosecutor Shri. S.S. Panjwani also conceded that, as seized articles were not narcotics drug or psychotropic substances applicants are entitled to bail. In view of this development applicants are released on bail,” Judge V.G. Raghuwanshi stated in his order.

Conditions of Bail:

The court granted bail to Dhadke and Kharatmol on the following conditions:

• They must each execute a Personal Recognizance (PR) Bond of Rs. 15,000.
• They must not engage in any activity that could hinder the investigation.
• They must appear before the trial court regularly.
• They must not tamper with prosecution evidence.
• They must appear before the investigating officer if required for investigation purposes.

Implications:

This decision underscores the importance of forensic evidence in NDPS cases. The court’s reliance on the forensic report to determine the nature of the seized substance highlights the necessity of scientific evidence in criminal proceedings. The prompt production of the forensic report and the prosecution’s concession played a crucial role in the court’s decision to grant bail. This case also illustrates the court’s readiness to grant bail when there is clear evidence that the accused were not in possession of contraband substances.