A special NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985) court has granted bail to a 26-year-old man booked after he was caught with six bottles of codeine.
Although the police recovered the contraband in February 2024, it did not send the bottles for forensic examination until May 2024. This, the court said, created doubt in the prosecution case.
“The seizure panchanama was carried out on February 4, 2024, and the sample was sent to the laboratory for analysis on May 8, 2024. There was considerable delay in sending the sample. This creates doubt as to why they kept the sample with them for a long period,” Judge CS Datir said.
“The accused was arrested on February 2, 2024. Nearly seven months have lapsed. It would not be appropriate to detain him in custody for an uncertain period,” the court said.
Dinesh Ramaji Aavadiya, a resident of Govandi, was arrested on February 2 with six bottles of codeine. The Deonar police also arrested another person in connection with the case and recovered 15 more bottles of codeine.
According to the prosecution, the police received information on January 20 that Aavadiya and an aide had narcotic substance in their possession. The police laid a trap and arrested the two men with 21 bottles of codeine.
The court, however, noted that, if muddemal (property) is found with different accused at different time, their quantity needs to be considered individually and not together. Hence the court, while granting bail to Aavadiya, said the quantity of drug found with him is to be considered separately. Aavadiya was found with only six bottles. Each bottle is of 100 millilitres. So total contraband would be 600ml, which the court noted is not a commercial quantity.
