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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

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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                                                9.BA.3643.2026.doc


(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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