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Saturday, February 27, 2021

Pre-arrest bail granted to accused’s kin: Balance required between fair probe, prevention of unjustified detention, says Court

“On meticulous examination of the investigation papers with the case diary as well as remand report produced by the investigator, does not show any tinge of the involvement of applicant,” the court said.

Written by Sadaf Modak | Mumbai |
Updated: February 6, 2021 8:40:36 am
Bombay High Court, gram panchayat members, Justice SJ Kathawalla, Justice Vinay G Joshi, Kolhapur, Satara, Sangli, Solapur, Nashik, Pune, Maharashtra Panchayat Act of 1958, Bombay Village Panchayats, bombay news, indian expressBombay High Court. (File)

A SPECIAL court earlier this week allowed anticipatory bail to a 32-year-old man named in a drugs probe following the arrest of his brother, observing that while no prejudice should be caused to an investigation, harassment and unjustified detention should be prevented.

The Nirmal Nagar police had in December recovered 176 grams of marijuana from a man and claimed that during interrogation, he had named Sikandar Baig as a supplier. Baig’s name was included in the proforma of the FIR following which he sought anticipatory bail before the special court. His plea claimed that his involvement was alleged only on the ground that he was an accused’s brother. While the prosecution opposed the plea, on being asked if there was any evidence against him, the prosecutor submitted that there is no material showing his complicity.

“While considering the prayer for grant of pre-arrest bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused,” B V Wagh, special judge designated under the Narcotic Drugs and Pyschotropic Substances (NDPS) Act, said. The court further said in the event of there being some doubt about the genuineness of the prosecution, the accused is entitled for bail.

“On meticulous examination of the investigation papers with the case diary as well as remand report produced by the investigator, does not show any tinge of the involvement of applicant,” the court said. It further said that while the seizure of contraband is of a small quantity, there is no material to show Baig’s complicity apart from his named in the proforma of the FIR.

No bail

The special court rejected the bail of a woman arrested with 126 bottles of cough syrup in Govandi in December. While her lawyer had submitted that the syrup which is used for medical purposes and the quantity of banned substance codeine phosphate contained in them is not of a commercial quantity, the court said that a calculation of the quantity was not clear. It said that at this stage when a report from the chemical analyser is yet to be received, she should not be granted bail. Officials said that there was an increase seen in the use of cough syrup, used as an intoxicant, after a crackdown on suppliers of narcotic substances.

 

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