Court grants bail to retired ACP’s son arrested in drugs case

A special court in Mumbai granted bail to the son of a retired ACP who was arrested for possession of drugs. The court noticed discrepancies in the arrest documents and search memorandum, including the absence of the then-zonal director of the agency at the scene.

MUMBAI: A special NDPS (Narcotic Drugs and Psychotropic Substances Act) court on Friday granted bail to the son of a retired assistant commissioner of police (ACP) who was arrested by the Narcotics Control Bureau (NCB) with 436 LSD blots and 300 grams of marijuana. The court granted Shreyas Kenjale bail after noticing that the arrest documents and search and seizure memorandum did not mention the presence of the then-zonal director of the agency, Sameer Wankhede at the spot.

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Kenjale was arrested on June 22, 2021, at 8 pm. It was claimed that on June 21, 2021, NCB conducted a raid in his flat on receipt of secret information that drugs were kept in the flat in Harmony Cooperative Housing Society.

When the team of NCB officials reached the flat, Kenjale opened the door with his fractured leg. During the raid, they recovered a black bag from the first bedroom and found 300 grams of marijuana. Further search of the bag led to a small transparent polythene bag which was found containing LSD blots. The agency found in all 436 LSD blots weighing 6.8 gm. As per the NCB record, the search and seizure panchnama was completed around 9:30pm.

Based on the said seizure, NCB issued summons to Kenjale to appear before the investigating officer and explain the circumstances leading to the seizure. After recording his formal statement Kenjale was arrested on June 22, 2021 at about 8pm.

After his arrest, the defence had pleaded with the court to direct the authorities to supply CCTV footage of the society. It was alleged that Kenjale’s mother and sister were also present in the house, but their presence was not shown in the search and seizure memorandum.

Besides, Kenjale also filed CCTV footage showing that officers and panchas were not in said premises between 9.30pm to 11.30pm i.e. during the period of alleged raid and search. CCTV footage also showed that zonal director of NCB Sameer Wankhede visited the premises but his presence was also not shown in the memorandum.

Besides, it was also contended that as per prosecution, panchnama was executed between 9.30 pm to 11.30 pm. However CCTV footage of the society showed that during this period panch witnesses Shailesh Walam and Abhijit Joshi were seen outside the building and were not at his flat, meaning thereby that the period during which the panchnama was drawn the panch witnesses were not continuously with the raiding party, which searched the house.

The court observed, that the prosecution did not deny the movements of panch witnesses Shailesh Walam and Abhijit Joshi, zonal director Samir Wankhede, superintendent VV Singh, Intelligence Officer Ashish Ranjan and other staff, in its reply but objected on the procedure of extracting it.

“Thus, the movements of the panch witnesses and officers of the raiding party outside the flat and in the premises of the building casts serious doubt over contention of prosecution that the entire panchnama was conducted in presence of panch witnesses,” the court said.

“One more contention of the applicant is that the presence of Samir Wankhede and superintendent VV Singh was not mentioned in the panchnama. These two officers visited the spot during panchnama, but it was suppressed. This also cast serious aspersion over the prosecution case. It was also contended that the presence of mother and sister in the same flat was also suppressed, why they were forced to sit in one room while the raiding party was searching the flat,” the court observed.

Referring to the suppression of these facts, the court said the prosecution failed to prove that the accused was the only occupant of the flat and the contraband material was in his exclusive possession.

“Absence of evidence on record to show exclusive possession of the accused over the flat from where contraband was allegedly seized, photographs of panch witnesses and other officers of raiding party and other superior officers of NCB cast doubt over prosecution case,” the court said while granting bail to Kenjale.