Case Note & Summary
The applicant, Vikas Babarsingh Itkan, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offences punishable under Sections 8(c), 20(b)(ii), and 29 of the Act. The case was registered on 17/08/2021 at Khadaki Police Station, Pune, vide C.R. No.249 of 2021. The applicant was arrested on the same day after being found carrying a sack containing 1000 gms of charas. The applicant was accused No.1 among three accused. The applicant's counsel argued that the quantity of charas (1000 gms) was less than the commercial quantity prescribed under the NDPS Act, and therefore the rigours of Section 37 (twin conditions for bail) did not apply. It was further submitted that the applicant had been in custody for over 2 years and 2 months without any prior NDPS offences, and the trial was not likely to conclude soon. The learned APP opposed the bail, contending that as per Section 2(viia) of the NDPS Act read with notification S.O. 1055(E) dated 19/10/2001, the commercial quantity for charas is 1000 gms or more, and thus the quantity recovered was commercial. The court examined the notification and found that the commercial quantity for charas is indeed 1000 gms or more. However, considering that the applicant had no criminal antecedents, was in custody for a substantial period, and the trial was not likely to be concluded soon, the court granted bail subject to conditions. The court directed the applicant to be released on bail on furnishing a PR bond of Rs.50,000/- with one or two sureties, and imposed conditions including reporting to the police station once a month, not tampering with evidence, and not leaving the country without court permission.
Headnote
A) Narcotic Drugs - Bail - Commercial Quantity - Section 37, Section 2(viia), Section 8(c), Section 20(b)(ii), Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 - The applicant was found in possession of 1000 gms of charas. The court held that as per notification S.O. 1055(E) dated 19/10/2001, the commercial quantity for charas is 1000 gms or more. Since the quantity recovered was exactly 1000 gms, it falls within the definition of commercial quantity. However, the court noted that the applicant had no prior offences and was in custody for over 2 years and 2 months. The court granted bail on conditions, considering the prolonged incarceration and that the trial was not likely to conclude soon. (Paras 1-5)
Issue of Consideration
Whether the quantity of charas (1000 gms) found in possession of the applicant constitutes commercial quantity under the NDPS Act, thereby attracting the rigours of Section 37 for bail.
Final Decision
Bail granted. Applicant to be released on furnishing PR bond of Rs.50,000/- with one or two sureties. Conditions: report to police station once a month, not tamper with evidence, not leave India without court permission.
Law Points
- Bail
- NDPS Act
- Commercial Quantity
- Section 37
- Charas
- Notification S.O. 1055(E)
- Section 2(viia)
- Section 8(c)
- Section 20(b)(ii)
- Section 29
