Case Note & Summary
The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offences punishable under Sections 8(c) and 22(c) of the Act. The case arose from a secret information received on 17.09.2021 that a person carrying contraband Codeine and Chlorpheniramine mixed with cough syrup would be near Ghatkopar Mankhurd link road public toilet. The police raided the spot and apprehended the applicant, who was carrying a khaki coloured gunny bag containing 200 bottles of cough syrup. Each bottle was 100 ml, and the label indicated that every 5 ml contained 10 mg of Codeine Phosphate. The total quantity of Codeine was calculated as 200 grams. The applicant was arrested and has been in custody since 17.09.2021. The main legal issues were whether the quantity of contraband was commercial, attracting the twin conditions under Section 37 of the NDPS Act, and whether the search violated Section 50 of the Act. The court noted that the commercial quantity for Codeine is 1000 grams, and the small quantity is 100 grams. Since the recovered quantity was 200 grams, it fell in the intermediate category, and thus the rigors of Section 37 were not attracted. Regarding Section 50, the court held that the contraband was recovered from a bag, not from the person of the accused, and therefore Section 50 was not applicable. The court also considered the period of incarceration (about 2 years) and that the trial was not likely to conclude soon. Consequently, the court granted bail on certain conditions.
Headnote
A) Criminal Procedure - Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 22(c), 37, 50 - Bail Application - Applicant was found carrying 200 bottles of cough syrup containing Codeine Phosphate and Chlorpheniramine Maleate - Quantity of Codeine was 200 grams, which is less than commercial quantity (1000 grams) but more than small quantity (100 grams) - Held that the rigors of Section 37 are not attracted as the quantity is intermediate - Further, search of bag not amounting to personal search, Section 50 not applicable - However, considering the period of incarceration and other factors, bail granted (Paras 1-10).
Issue of Consideration
Whether the applicant is entitled to bail under the NDPS Act, considering the quantity of contraband recovered and compliance with Section 50 of the NDPS Act.
Final Decision
Bail granted to the applicant on certain conditions.
Law Points
- Bail under NDPS Act
- Section 37 NDPS Act
- Section 50 NDPS Act
- Commercial quantity
- Twin conditions for bail
- Right to be informed of search
- Recovery of contraband from bag
- Personal search vs. bag search
