Mumbai, August 17: The Bombay High Court has granted bail to a Kerala student arrested on drug possession charges on October 14, 2024, nearly one year and ten months later. The student had moved to Pune for studies and was held in Pune Jail. The court considered his prolonged incarceration while granting bail. Lawyer Ali Kashif Khan Deshmukh highlighted that the court made significant remarks regarding the absence of videography during the seizure.
Deshmukh explained that this case falls under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The police claimed to have recovered 12 LSD papers and a star-shaped NDMA tablet from the student. However, Deshmukh argued that under the new BNS law, videography of the entire drug seizure process is mandatory to prevent false accusations against individuals regarding drug possession. The court deemed this point crucial in the bail decision.
Commenting on the bail granted after two years, Deshmukh stated, “The arrest occurred on October 14, 2024, meaning the student spent one year and ten months behind bars. He was held in Pune Jail, and the judge acknowledged the length of his detention.”
He further noted, “An interesting aspect mentioned in the order pertains to the seizure process. When drugs are recovered from an individual, the new BNS Act mandates videography to prevent police from falsely claiming drugs were found on them.”
Deshmukh elaborated that this is an NDPS case involving the arrest of a young student from Kerala who came to Pune for education. He added that the police claimed to have caught him with 12 LSD papers, which are drugs that come in paper form. They also alleged in the FIR that a star-shaped NDMA tablet was seized.
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