Mumbai Psychologist arrested for selling Hash Brownie, denied bail

"Since the commercial quantity of charas mixed with brownie cakes are found in conscious possession of the applicant, rigours under section 37 apply to the facts of the case," observed the court as it rejected the bail plea.

On July 12, 2021, the Mumbai unit of Narcotics Control Bureau (NCB) detained the 24-year old psychologist for allegedly possessing 10 kg of "hash brownie", which is brownie cake having hashish in it. Besides, he allegedly also had 320 gm of opium in his possession.

It was the allegation of NCB that the psychologist was baking brownie cakes mixing them with hashish and opium and used to supply them to the clients in Mumbai's party circuit.

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However, after getting nabbed by NCB, the psychologist applied for bail. Appearing on the behalf of the psychologist, advocate Taraq Sayed claimed that his client was being falsely implicated and NCB had detained him merely because of suspicion.

Referring to his studies, the advocate further submitted before the court that "He is pursuing Masters of Arts in Counselling Psychology from Singhania University…he is good at studies and appearing for PhD."

Pointing out that about one gram of Hashish is required for making 600 to 700 grams of "hash brownies", the counsel for the psychologist further argued that the amount of alleged seizure of drugs were of intermediate quantity.

He further claimed that there was no impediment for the court to release the psychologist on bail as section 37 of the NDPS Act, 1985 would not be applicable in the case and already the chargesheet had been filed after an investigation.

However, these claims were opposed by the senior public prosecutor Advait Sethna, who referred to the fact that the psychologist was arrested in possession of commercial quantity of drugs and therefore Section 37 would be applicable in the case.

Such a contention was made by the Public Prosecutor as he submitted before the court that in case of seizure of mixture of narcotics drugs with one or more neutral substances, the quantity of the neutral substances is not to be excluded while measuring the amount of seized contraband.

Accepting the arguments made by the Public Prosecutor, the special court referred to the fact that the Apex Court had also held that even mixing of Narcotics Drugs and Psychotropic Substances is equally dangerous.

Thus, rejecting the bail plea of the psychologist the special court was quoted observing by Hindustan Times, "Since the commercial quantity of charas mixed with brownie cakes are found in conscious possession of the applicant, rigours under section 37 apply to the facts of the case."