May 11, 2021 8:50:57 pm
The Bombay High Court recently granted bail to a 70-year-old man who was arrested for offences under the NDPS Act after it was informed that the man had been in jail for four years and the investigators had not found any direct evidence to show that he had been dealing in buying and selling of the contraband charas.
A single-judge bench of Justice Prakash D Naik on May 6 passed the order on the bail plea of Abdul Mohammed Shaikh alias Abdul Thane, who was arrested on December 24, 2016 by Narcotics Control Bureau (NCB) under provisions of NDPS Act.
As per prosecution, after NCB received information on October 15, 2016 about two suspected persons carrying substantial quantities of charas would reach Kalwa Naka, Thane, the officers reached the spot. They were arrested for carrying nearly 6.5 kg charas in their bag. One of them stated that he bought the contraband from the applicant after which he was arrested by the NCB on December 23, 2016.
The special court under NDPS Act rejected Sheikh’s bail application in February 2018, prompting him to approach the HC.
Senior advocate Manoj Mohite for the applicant submitted that there was no recovery of contraband from the applicant, who is in custody for more than four years, and while he is arrested in three cases, he has got bail in one of them.
After hearing submissions, the bench granted bail to Shaikh on furnishing personal bond of Rs 50,000 with sureties and held, “Statements recorded under section 67 of NDPS Act cannot be used as confessional statements and there is no cogent evidence against applicant. The applicant is a senior citizen and is in custody for more than four years. Therefore, bail application is allowed.”
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