New Delhi, Sept 15 – In a sharp rebuke to the Bombay High Court, the Supreme Court on Monday cancelled an order that had directed a full retrial in a narcotics case involving 39 kilograms of ganja. The top court said the High Court’s reasons for sending the matter back to square one were “misconceived and baseless,” and instead restored the appeals for a fresh hearing.
Background
The case began with a September 2020 raid near the Mari Mata temple in Adgaon, Akola district, Maharashtra. Police claimed they found 18 plastic packets of ganja, weighing 39 kilos, inside a hut where Kailas Bajirao Pawar and Raju Motiram Solanke were allegedly sitting. Two more accused were later arrested after additional contraband was found elsewhere.
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The trial court convicted Kailas and Raju in 2023, relying on witness testimony and a video of the raid, but acquitted the other two. On appeal, the Bombay High Court set aside the conviction in 2024, citing gaps in how the video evidence and chemical analysis were presented, and ordered a full retrial.
Court’s Observations
Justice Manoj Misra, writing for the bench, disagreed with the High Court’s logic. “Once the requirement of Section 65B is fulfilled, the video becomes admissible like any document,” the bench observed, noting that the photographer had already given the required certificate and the CD had been played in court.
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The Court said it was “strange and unacceptable” to demand that each witness narrate the video contents on oath. As for the non-examination of the chemical analyst, the judges pointed to Section 293 of the Criminal Procedure Code, which allows the expert’s report to stand on its own unless specifically challenged.
They added that if the High Court struggled to understand the video or other evidence, it could have taken additional evidence under Section 391 CrPC rather than order a complete retrial. “A retrial wipes out the earlier proceeding and is reserved for exceptional cases. This was not one,” the bench remarked.
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Decision
The Supreme Court set aside the High Court’s retrial order and sent the original appeals—filed by both convicted men—back to the Bombay High Court for a fresh decision within six months. Kailas will remain on bail while the High Court re-hears the matter. The Court made it clear it was not ruling on guilt or innocence, only that a retrial was unwarranted.
Case: Kailas s/o Bajirao Pawar v. State of Maharashtra
Case Number: Criminal Appeal (arising out of SLP Criminal No. 4646 of 2025)
Date of Judgment: 15 September 2025
