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Bombay High Court

NITIN LIMBAJI KANDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court held that lack of proper segregation of the seized narcotic and the accused's non‑ownership of the premises, coupled with no criminal antecedents, justify granting bail despite the quantity seized.

Summary

The applicant, Nitin Limbaji Kande, was arrested on 4 March 2026 for alleged offences under Sections 8(c) and 20 of the NDPS Act after a large quantity of ganja was seized from a room he occupied, which he claimed was owned by a neighbour. He argued that the seizure was improper because the contraband was mixed with leaves and flowers, there was no segregation, and he was not the owner of the premises; he also highlighted the absence of any criminal antecedents. The State opposed bail, citing the large quantity seized and a positive CA report. The Court observed that the inventory showed no segregation, the applicant was not the owner of the room, the charge had not yet been framed and there was uncertainty about the trial commencement, and there were no antecedents, concluding that continued detention served no purpose. Accordingly, the bail application was allowed, releasing the applicant on a personal bond of Rs.15,000 with conditions to not tamper with evidence, remain within the jurisdiction, and attend all court dates.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized narcotic material is not properly segregated and the accused is not the owner of the premises.
  • Whether the quantity of narcotic seized and a positive CA report preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic seizure
  • ownership of premises
  • segregation of evidence
  • criminal antecedents
  • personal bond

Judgment

2026:BHC-AUG:27321


                                                   {1}                    BA 1099 OF 2026


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                BAIL APPLICATION NO. 1099 OF 2026

                 Nitin Limbaji Kande                          ….Applicant

                             Versus

                 The State of Maharashtra and Another       …..Respondents
                                                 …..
                 Advocate for Applicant : Mr. Sudarshan J. Salunke
                 APP for Respondents     : Mrs. Ashlesha S. Deshmukh
                                                 …..

                                          CORAM : ABHAY S. WAGHWASE, J.
                                          Reserved on   : 09.07.2026
                                          Pronounced on : 10.07.2026
                 ORDER :

                 1.    Applicant seeks grant of regular bail on account of his arrest in

                 Crime No.67 of 2026 registered at Bardapur Police Station, District

                 Beed, for offences punishable under Sections 8(c), 20 of the Narcotic

                 Drugs and Psychotropic Substances Act, 1985 [NDPS Act].



                 2.    Pointing to the date of arrest as 04.03.2026, it is pointed out

                 that there is false implication as, according to learned counsel, the

                 contraband ganja was seized from a room which is not owned by the

                 applicant, but it is owned by his neighbour. That, in fact, applicant is

                 resident of Pune. He further submitted that, even there are lapses

                 while carrying out inventory and weight, as there is no segregation
                                  {2}                   BA 1099 OF 2026


and along with leaves, flowers are weighed. Therefore, the

contraband ganja does not fall in the definition as provided in

Section 2(iii)(b) of the NDPS Act. That, now investigation is over and

Chargesheet is already filed in May 2026. There are no criminal

antecedents and as applicant is ready to abide any condition imposed

by this Court, learned counsel urges for bail.



3.    Learned APP opposed on the ground that huge quantity has

been seized and moreover, CA report is positive.



4.    After considering above submissions and taking into account

the papers, it emerges that, acting on secret information, police of

Ambajogai S.D.P.O. office paid visit to the field of Bhaskar Rokdiba

Phad and according to informant-a police official, seeing police arrive

one per was seen fleeing. When visit was paid to a room in the field,

present applicant was found inside it. Statement is made across the

bar that, applicant is not the owner of field or the room in which

contraband was found. Learned APP did not refute or deny such

assertion. Further, inventory drawn by the learned Magistrate, of

which copy is placed with chargesheet, shows that along with the

weight ganja, green leaves were found in two gunny bags. Therefore
                                  {3}                    BA 1099 OF 2026


there being no segregation, question of provisions of NDPS Act arises.

Now chargesheet is filed. No purpose would be served by further

detention, as charge is not framed and there is uncertainty over

commencement of trial. There are no criminal antecedent. Taking

above circumstances into account, relief as prayed deserves to be

granted. Hence, I proceed to pass the following order:

                                ORDER


   I.   The application is allowed.


  II.   Applicant - Nitin Limbaji Kande be released on bail in
  connection with Crime No.67 of 2026 registered at Bardapur
  Police Station, District Beed, on executing Personal Bond of
  Rs.15,000/- with one surety in the like amount, on the following
  conditions:


  [a]   The applicant shall not tamper prosecution evidence.


  [b]   The applicant shall not leave the area of jurisdiction of the
  concerned police station till conclusion of trial.


  [d]   The applicant shall regularly attend each and every
  effective date before the trial court.



                                           [ABHAY S. WAGHWASE, J.]
  vre


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