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 argued that the quantity was less than commercial quantity, thus Section 37 of the NDPS Act (which imposes twin conditions for bail) did not apply. He also highlighted that he had been in custody for over 2 years and 2 months with no likelihood of early trial, and had no prior NDPS offences. The State opposed, contending that 1000 gms of charas is commercial quantity as per Section 2(viia) read with notification S.O. 1055(E) dated 19/10/2001, and that the search and seizure procedure was properly followed. The court examined the notification and found that commercial quantity for charas is 1000 gms or more, so the quantity recovered was commercial. However, considering the prolonged incarceration and the fact that the trial was unlikely to conclude soon, the court granted bail subject to conditions, including furnishing a PR bond of Rs.50,000/- with one or two sureties, and other conditions to ensure attendance and non-interference with evidence.
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, commercial quantity for charas is 1000 gms or more. Since the quantity recovered was exactly 1000 gms, it is commercial quantity, attracting Section 37. However, the court considered the applicant's prolonged custody of over 2 years and 2 months and the unlikelihood of early trial, and granted bail on conditions. (Paras 1-5)
Issue of Consideration
Whether the quantity of charas (1000 gms) recovered from 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: attend trial, not tamper evidence, not leave India without permission, furnish address and phone number, report to police once a month.
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
