Mumbai: The Bombay High Court has granted bail to a Thane-based shopkeeper Navnath Waghmare, who was arrested with 10 others with 25 ecstasy tablets and 27gm of charas in 2025. In its order, the court noted that while the investigation had been completed and a chargesheet filed, there was no prima facie evidence linking Waghmare to the alleged recovery of a commercial quantity of contraband. Justice R M Joshi said that for the stringent conditions under Section 37 of the NDPS Act to apply, there must be prima facie evidence indicating involvement in the recovery of commercial quantities of contraband. In Waghmare’s case, the prosecution relied on a recovery made from a shop during a search conducted on August 25, 2025. However, the chargesheet did not reflect any investigation into the ownership or possession of the shop. Waghmare’s lawyer Sana Raees Khan argued that the alleged recovery was made seven days after his arrest on Aug 18, 2025, which the court said weakened the prosecution’s case. The court held that the recovery could not be prima facie attributed to the accused. The court further noted that there was no recovery made pursuant to any statement by the accused that could be attributed to him. It also found no evidence to show that Waghmare had control over or possession of the premises.
