The Bombay high court last week cancelled bails granted to police officer Rajendra Bhosale and builder Ravindra Shelatkar, in connection with planting of narcotic substance in car of a real estate dealer, Rajesh Solanki.
Eleven police personnel, including Bhosale, Shelatkar and one of his friends have been arrested in connection with the case.
A designated Narcotic Drugs and Psychotropic Substances (NDPS) Act court granted bail to Bhosale and
Shelatkar on February 1 and 3 respectively.
The trial court granted them bail on the ground that the quantity of contraband material involved in the case was not commercial quantity, and they were entitled to be released on bail if the prosecution fails to file a charge sheet within 60 days.
The high court, however, held that the contraband material involved was of commercial quantity. Justice JH Bhatia noted samples sent for forensic analysis contained nothing other than heroin, morphine or other opium alkaloids. The high court held that the quantity was commercial since the drugs involved were 340 grams – more than stipulated commercial quantity, 250 grams.
The high court therefore cancelled bails granted to both Bhosale and Shelatkar stating the designated NDPS court proceeded on the basis of wrong assumption and without properly looking at the provisions of law and committed error by holding the accused were entitled to be released on bails if charge-sheet was not filed within 60 days.
In case of commercial quantity, the law stipulates 180 days as the time limit for filing a charge sheet.