In a noteworthy legal turnaround, the Bombay High Court on Tuesday granted bail to Bandu Dagadu Udanshive, who was arrested for trafficking 24 kilograms of hashish. The court’s decision hinged on procedural lapses in handling the case under the Narcotic Drugs & Psychotropic Substances (NDPS) Act and the prolonged duration of the accused’s pre-trial detention.
Udanshive was apprehended on October 24, 2021, at the Dahisar check post, when police discovered 8 kg of hashish in his immediate possession and an additional 16 kg hidden within his car’s door and trunk panels. He was traveling from Kashmir back to Mumbai with his family, including his wife, daughter, son-in-law, and a child, in a Santro car.
The case, prosecuted under stringent norms of the NDPS Act for possession and trafficking of commercial quantities of narcotics, took a turn when Udanshive’s counsel, Advocate Anil G. Lalla, pointed out critical procedural defects. He argued that the officers failed to properly record and forward essential information as required by the Act, which significantly undermined the prosecution’s case.
Additional public prosecutor AA Naik contested the bail, emphasizing the severity of the alleged offenses which entail lengthy sentences. However, Justice Milind Jadhav of the Bombay High Court noted the absence of key procedural compliance, including a lack of proper entries in the station diary by the station house officer (SHO) and inadequate communication with higher authorities on the day of the arrest.
Citing Section 42 of the NDPS Act, which mandates precise documentation procedures by the arresting officers, Justice Jadhav underscored the prosecution’s failure to adhere to these essential legal requirements. The judge also remarked on the unlikelihood of the trial concluding within a reasonable timeframe, further justifying the decision to grant bail.
