Bombay High Court
VITTHAL RAGHUNATH KARADEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that bail should be granted to the accused subject to the conditions specified.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Vitthal Raghunath Karade, who was arrested for alleged offences under Sections 8(c), 21(c) and 29 of the NDPS Act. The prosecution argued that the seizure was not a chance recovery because the accused was caught inside his residence, and raised concerns about non‑compliance with Section 42(1) of the NDPS Act, the conditional nature of the Section 50 notice, and a five‑day delay in inventory and sampling of the seized contraband. The defence highlighted the delay and procedural lapses as grounds for bail, contending that the trial had not yet commenced and the accused had already been incarcerated for 14 months. The Court, after noting that the merits of the case were yet to be determined, found that the applicant had made out a case for bail and ordered his release on a personal bond of Rs 25,000 with conditions. The order expressly limited its observations to bail and directed compliance with reporting, non‑tampering, and other conditions, with revocation possible upon breach.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite alleged NDPS offences
- Whether the seizure qualifies as a "chance recovery" under NDPS procedural requirements
- Whether there was compliance with Section 42(1) of the NDPS Act regarding seizure and inventory
- Whether the conditional notice under Section 50 of the NDPS Act affects bail
- Whether the five‑day delay in inventory and sampling raises a presumption of tampering warranting denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 42(1), 50, 8(c)
Subjects
- bail
- NDPS Act
- Section 42 compliance
- chance recovery
- inventory delay
- conditional notice
- criminal procedure
- high court
Judgment
9.BA.3643.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3643 OF 2026
Vitthal Raghunath Karade .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Viral Babar, Advocate i/by Mr. Yasir Khan for Applicant.
Mr. Amit K. Mundhe, APP for Respondent.
PSI – Amol Bhuwad, Bibwewadi Police Station, Pune.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P.C.:
1. Heard Mr. Babar, learned Advocate for Applicant and Mr.
Mundhe, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.172 of 2025 registered with Bibvewadi Police Station for offences
punishable under Section 8(c) read with Sections 21(c) and 29 of
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
‘NDPS Act’).
3. Case of prosecution is that Applicant is apprehended in
offences punishable under NDPS by a chance recovery while patrolling
on the road. Applicant is however apprehended from inside the
building compound from the parking lot of the building where he was
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residing and that can by no means could be stated as chance recovery.
4. There is no material placed on record regarding non-
compliance of Section 42(1) of the NDPS Act in regard thereto. That
apart, insofar compliance under Section 50 is concerned, the notice
ofter a search before the Gazetted Officer / Magistrate in conditional
terms stating, “if you wish” and not as a matter of absolute right
which should be the norm.
5. That apart, Mr. Babar has argued delay of 5 days in keeping
the seized contraband with the prosecution officers before sending it
for inventory and sampling which does not rule out the possibility of
any tampering.
6. In that view of the matter, considering incarceration of 14
months and ignominy of trial not having started, entails Applicant to
grant of bail in the present case.
7. Needless to state that complicity of Applicant shall be proved
by prosecution at the time of trial.
8. Considering the aforesaid, Applicant has made out case for
grant of bail subject to following conditions:-
(i) Applicant - Vitthal Raghunath Karade is directed to be
immediately released from prison in connection with
Crime No. 172 of 2025;
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(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one or two surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at
Bibvewadi Police Station, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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9. It is clarified that the observations made in this order are
limited for the purpose of granting Bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
10. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.29
19:20:09 +0530
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