The Bombay High Court has granted bail to engineer Abhishek Vilas Balkawade after nearly 33 months in custody in a Nashik mephedrone case, observing that the prosecution had failed to establish his identity and that the case appeared prima facie to involve “mistaken identity”.
Justice Milind N Jadhav passed the order on August 18 in connection with a case registered in 2023 at Nashik Road Police Station under the Narcotic Drugs and Psychotropic Substances Act. Drug dealer Lalit Patil is also an accused in the case.
The case relates to the alleged recovery of mephedrone from a Nashik godown in October 2023. The prosecution claimed Balkawade was the person referred to as “Sanjay Kale” in material concerning the premises. The defence, however, argued that there was no evidence establishing that Balkawade and Kale were the same person.
The court noted that the godown owners’ statements did not name Balkawade and that one of them specifically identified Sanjay Kale as the person who had issued cheques towards the rent.
“His name does not figure anywhere in the prosecution case, save and except when Shivaji Ambadas Shinde’s statement is recorded by the prosecution,” the court observed.
{{/usCountry}}“His name does not figure anywhere in the prosecution case, save and except when Shivaji Ambadas Shinde’s statement is recorded by the prosecution,” the court observed.
{{/usCountry}}The godown was taken on leave and licence by Shinde
The court further said, “No recovery of contraband has been effected on the applicant,” and noted a prima facie discrepancy in the prosecution’s identification of him as Sanjay Kale.
The defence also pointed out that Balkawade, an engineer, was already in custody in another NDPS case when the alleged activities at the Nashik godown took place.
Justice Jadhav also considered Balkawade’s prolonged incarceration, noting that he had spent 33 months in custody and that the trial was likely to take considerable time. The court also noted that other accused had been granted bail.
Balkawade was ordered to be released in the Nashik case on a ₹50,000 personal bond and one surety of the same amount. He has been directed to report to the investigating officer on the first Sunday of every month and not leave Maharashtra without the trial court’s permission.
However, his release from jail is unlikely immediately as three other FIRs are pending against him, including cases under the NDPS Act, and he remains in custody in connection with those matters.
The high court clarified that its observations were prima facie and would not affect the trial on merits.