Bombay High Court grants bail to man in drugs case, citing doubts over quantity of seized contraband

Bombay High Court. File Pic

The Bombay High Court has granted bail to a man accused of possessing a commercial quantity of drugs, after noting that the flowering tops of over 70 kg cannabis seized from him had not been weighed separately, creating doubts over the actual quantity of the contraband.

In an order passed on August 29, Justice Anuja Prabhudesai granted bail to Hari Valse, who was arrested and booked by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotropic Substances (NDPS) Act following a raid at a warehouse in August 2017.

During his bail hearing last week, Valse's lawyer Ganesh Gupte had argued that the alleged seized quantity of cannabis had included flower heads, buds, with pieces of stalks, stems, leaves and seeds, and the authorities should have weighed the flowering or fruiting tops separately to determine the actual quantity of the drugs.
Taking note of the submission, the court also observed that Valse had been in judicial custody since August 5, 2017, and had no criminal antecedents, and hence he deserved to be let out on bail.

"It is, however, to be noted that the chemical analysis report reveals that the material forwarded for analysis contained flower buds with pieces of stalks, stems, leaves and seeds, without quantifying the weight of flower tops," the High Court said. "This fact, prima facie, raises a doubt whether ganja or cannabis seized from the warehouse of the accused was of commercial quantity as to attract the provisions under Section 20(C) of the NDPS Act," it said. The court released Valse on bail and directed him to deposit a bail bond of Rs 40,000.

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