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Court Rules No Evidence Links Shopkeeper to Drugs
18 Apr
Summary
- Shopkeeper arrested in 2025 granted bail by Bombay High Court.
- No prima facie evidence linked accused to commercial quantity recovery.
- Court noted investigation completion but lacked ownership proof.
In a significant ruling, the Bombay High Court granted bail to Navnath Waghmare, a shopkeeper from Thane, who was arrested in 2025. Waghmare was among ten individuals apprehended with 25 ecstasy tablets and 27 grams of charas. The court observed that while the investigation was complete and a chargesheet filed, no concrete evidence prima facie linked Waghmare to the recovery of a commercial quantity of illicit substances.
Justice R M Joshi emphasized that the stringent provisions of Section 37 of the NDPS Act necessitate prima facie evidence of involvement with commercial quantities. The prosecution's case hinged on a recovery from a shop on August 25, 2025, seven days after Waghmare's arrest on August 18, 2025. The chargesheet reportedly omitted any investigation into shop ownership or possession. Consequently, the court determined that the recovery could not be attributed to the accused and found no evidence of Waghmare having control or possession of the premises.
