Mumbai: The Bombay high court on Wednesday granted bail to a foreign national arrested in October 2020 for alleged possession of drugs and directed the home department to find a way to compensate the man who was kept behind bars based on an erroneous report by the Forensic Science Laboratory (FSL) at Kalina.
Last year, the FSL had written to the police stating that the chemical analysis report of the seized material was wrong and the material did not come under the definition of contraband described under the NDPS Act. The man had approached the HC after his bail application was rejected by a lower court last year.
On Wednesday, the single judge bench of justice Bharati Dangre, while hearing the bail application of the foreign national, was informed by advocate Ashwini Achari that the February 2021 chemical analysis (CA) report of FSL, Kalina had come negative for contraband hence he had applied for bail in the lower court. However, the same was rejected and after which he approached HC.
Achari further submitted that in the light of the negative CA report her client had been detained illegally and hence should be released as soon as possible.
On its part, the state through the additional public prosecutor submitted the letter written by the assistant director of FSL, Kalina which stated that there was a mistake in concluding that the material seized from the man came under the NDPS Act. The counsel apologised for the inadvertent mistake and said that the state was not opposing the bail application.
After hearing the submissions, justice Dangre noted in her order, “The blatant mistake admitted by the assistant director of FSL, Kalina indicates that the man was detained illegally for more than a year and this must be looked at seriously. Liberty of the individual is of paramount importance and the fulcrum of every citizen of this country.”
The bench then granted bail to the man and directed the home department to find a way to compensate the man for the illegal incarceration by Friday, failing which the court would issue appropriate orders about the quantum of compensation to be given to the man.
The man had been apprehended with two drugs in Navi Mumbai in October 2020 and had been booked under the NDPS Act. The samples were sent to the FSL, Kalina and a report stating that the drugs came under the NDPS Act was submitted based on which the charge sheet was filed. However, the second report in February 2021 stated that the drugs did not fall under the NDPS Act was issued.
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