HC relief for man in drugs case

Aurangabad: The Aurangabad bench of the Bombay high court has granted a six-month anticipatory bail to a man who claimed to have reasonable apprehension of being arrested by Jalgaon police in connection with the seizure of over 31 kg of marijuana around three months ago.

Jillapeth police station in neighbouring Jalgaon district arrested Vicky Sonawane and Tanveer Tadvi from a bus stand and bags containing the marijuana were seized from them. During interrogation the accused claimed that got marijuana from a person called Fakira. Police then launched a hunt for a man identified as Fakira Masum Tadvi.

Worried over being arrested, Tadvi approached lower court which rejected his bail plea, following which he reached out to the HC seeking anticipatory bail citing that he has reasonable apprehension of being arrested mere on basis of his first name and he was not the same person the police are looking for.

Representing Fakira, lawyer Joydeep Chatterji, contested that the investigation officer did not identify if the person named by the arrested accused and also if the applicant in the case is the same person.

Jalgaon police, meanwhile, contested that the applicant in the case remained in touch with the arrested accused forcing them to believe that he is the same Fakira they have been looking for in the registered case.

HC justice RG Avachat, while granting bail, said: “The arrested accused did not give full name of any person from whom they had brought marijuana. The first name of the applicant only tallies with the name disclosed by the accused. Only this much material is grossly inadequate to curtail liberty of the applicant by taking him in custody.”

The court added that the investigation officer has made no investigation to find whether the applicant in fact did sell narcotics like marijuana.

“With a view to give the investigating officer full liberty to make investigation to find as to whether it is the applicant from whom the accused had brought marijuana, I am inclined to grant the applicant anticipatory bail for a duration of six months,” the court ruled.