Case Note & Summary
The applicant, Hitesh Hemant Malhotra, was arrested on 8 June 2019 for offences under Sections 8(c), 20(b), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with Crime No.153/2019 registered at Vartak Nagar Police Station, Thane. On his personal search, 10 square pieces of paper containing LSD drops were recovered, and subsequently, from his house, 13 pieces of brown paper containing LSD drops and 970 gms of charas were recovered. The applicant filed a bail application before the Bombay High Court, contending that the quantity of contraband recovered was less than commercial quantity, and therefore the rigors of Section 37 of the NDPS Act were not applicable. He also submitted that he had no criminal antecedents and that the investigation was complete. The State opposed the bail application. The court, after hearing both sides, held that since the recovered quantity was less than commercial quantity, Section 37 of the NDPS Act did not apply. Considering the applicant's clean record and the completion of investigation, the court granted bail subject to conditions, including furnishing a PR bond of Rs.25,000 with one or two sureties, and reporting to the police station once a month.
Headnote
A) Narcotic Drugs - Bail - Section 37 NDPS Act - Quantity Less Than Commercial - Applicant was found in possession of 10 square pieces of paper containing LSD drops and 970 gms of charas, which is less than commercial quantity - Court held that rigors of Section 37 are not attracted and applicant, having no criminal antecedents, is entitled to bail - Bail granted with conditions (Paras 2-5).
Issue of Consideration
Whether the applicant is entitled to bail under the NDPS Act when the quantity of contraband recovered is less than commercial quantity, and whether the rigors of Section 37 of the NDPS Act apply.
Final Decision
Bail granted. Applicant to be released on furnishing PR bond of Rs.25,000 with one or two sureties. Applicant to report to Vartak Nagar Police Station on the first day of every month between 10 am and 12 pm until trial concludes. Bail before the trial court.
Law Points
- Bail
- NDPS Act
- Commercial Quantity
- Section 37
- LSD
- Charas
- Criminal Antecedents
