HC grants bail to man in drugs case citing overcrowding of prisons

The Bombay High Court granted bail to 22-year-old Mohammed Manihar for drug possession, citing procedural lapses and prison overcrowding.

MUMBAI: The Bombay high court on Monday granted bail to a 22-year-old man, arrested for allegedly carrying 220 grams of MD, citing procedural lapses in the investigation and overcrowding of prisons.

HC grants bail to man in drugs case citing overcrowding of prisons

Mohammed Mobin Jahurul Hasan Manihar, 22, was arrested allegedly with 220 grams of Mephedrone during a police raid on February 5, 2023, at Dockyard railway station bridge.

A single judge bench of justice Milind N Jadhav observed that keeping Manihar in jail for an indefinite period will violate his fundamental right to a speedy trial. While granting him bail, the court highlighted the overcrowding in the prisons in Mumbai. “Prisons are overcrowded beyond sanctioned capacity by more than 5 to 6 times. Every barrack, sanctioned to house 50 inmates, as on date houses anywhere between 220 to 250 inmates. This situation is inhumane.”

Senior advocate Ashok Mundargi and advocate Shradha Sawant, representing Manihar, had pointed out serious procedural lapses in the investigation, highlighting the unexplained delay of 15 days in sending samples of the seized contraband for forensic analysis. They also argued the damaging consequences of prolonged incarceration on Manihar’s future as he had already been in custody for almost two years.

Additional public prosecutor Shilpa Gajare–Dhumal opposed the plea, contending that the contraband recovered from Manihar surpassed the prescribed commercial quantity limit for the synthetic stimulant.

However, taking into consideration the lapses in the investigation, Manihar’s young age, and the overcrowding in prisons, the court granted him bail, subject to stringent conditions.