In an NDPS case, the High Court has granted bail owing to a 10-gram discrepancy in the inventory of seized charas: Bombay High Court
Title: Sunil Shishupal Nayak v. State of Maharashtra
Decided on: OCTOBER 23, 2023
Writ C No. – Bail Application NO. 1450 OF 2023
CORAM: M. S. Karnik, J
INTRODUCTION
Sunil Shishupal Nayak requested bail in this case in order to face charges under sections 8(c), 20(c), and 29 of the NDPS Act. There was a discrepancy in Charas possession in this case. The applicant claimed that drying caused a weight change after being arrested with one kilogram and ten grams of Charas. The NDPS Act’s provisions and the significance of the weight disparity were the deciding factors in the court’s decision regarding the bail application.
FACTS OF THE CASE
In a case filed on April 16, 2022, Sunil Shishupal Nayak was charged under the NDPS Act for having a large quantity of “Charas.” A weight disparity surfaced during the legal proceedings; at first, Nayak was discovered in possession of 1 kg and 10 grams of Charas, which were deemed to be commercial quantities; however, the recorded weight was only 1 kg following a 59-day drying period. The charges and penalties in the case were contingent upon Charas’s legal classification. Nayak requested bail, which would have affected his freedom to stand trial.
COURTS ANALYSIS AND DECISION
The court granted bail to Sunil Shishupal Nayak, who was charged under the NDPS Act in connection with a “Charas” possession case involving a weight discrepancy, was granted bail by the court. The court declined to make any pretrial rulings, emphasizing that matters pertaining to the weight of the contraband should be resolved during the trial. The results of the investigation, Nayak’s prolonged detention, and his lack of previous criminal history all played a role in the decision. Conditions attached to bail were put in place to make sure he cooperated with the court system.
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Written by- Kusuma R