Lalit Patil drug trafficking case: HC grants bail to 8 accused

MUMBAI: The Bombay high court has granted bail to eight out of the 22 accused who were charge-sheeted in connection with the Lalit Patil drug trafficking case in Pune’s Sassoon Hospital in 2020. Those granted bail include Kiran Kale, Rishikesh Mishra, Anjali Sunsara, Manoj Palande, Parashuram Jogal, Ram Gurbani, Kuldeep Indalkar, and Rakesh Khaniwadekar.

Lalit Patil allegedly ran a drug trafficking racket while he was under treatment at Pune’s Sassoon hospital before he escaped on October 2. That same month, the anti-narcotics cell of Pune police’s crime branch had seized 20 kilograms of Mephedrone during a raid on premises connected with Patil in Khed taluka and the eight accused were arrested for their alleged involvement in the manufacture and transport of the contraband.

The accused approached the high court for bail citing non-compliance with mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the investigation authority. As per section 52A of the act and legal precedents, the seizure of contraband must be followed by an application to a magistrate for drawing of samples and certifications.

The prosecution explained the lacuna saying the procedure was not regulated back then and rules under the NDPS Act were framed only in 2022. It further argued that the procedure stipulated under legal precedents need not be followed.

The court, however, refused to accept the prosecution’s arguments, saying the evidence against the accused was only circumstantial in nature. It further observed that the evidence was based on samples drawn on the spot but without following the mandatory procedure prescribed under the NDPS Act.

“Section 52A is a safeguard and it is mandatory, which is not followed before sending the samples for chemical analysis,” the court said, adding, “The absence of compliance with the mandatory procedure under section 52A creates a serious suspicion about the veracity of the prosecution’s case.”

The court granted bail to the eight accused persons, saying they had made out a strong prima facie case in their favour, which is one of the conditions for granting bail under the NDPS Act. The court further observed that though charges have been framed in the case, the accused have already spent four years in jail and there is nothing indicating the trial would commence soon.