Case Note & Summary
The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the entire proceedings in NCB Crime No.NCB/F.No.48/1/02/2024/BZU dated 05.01.2024, registered by the Narcotics Control Bureau (NCB), Bangalore Zonal Unit, for offences under Sections 8(c), 20(b)(ii)(A), 22(c), 27 and 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner was arrested on 05.01.2024 and was in judicial custody. The case arose from an interception of a vehicle by NCB officials, wherein 2.5 kg of cannabis was allegedly recovered. The petitioner was a passenger in the vehicle. The petitioner contended that he was not in conscious possession of the contraband, as he was merely a traveler and had no knowledge of the cannabis being in the vehicle. He also argued that the quantity recovered (2.5 kg) was less than the commercial quantity (20 kg) as per the NDPS Act, and therefore the stringent provisions of Section 37 did not apply. The respondent NCB opposed the petition, arguing that the petitioner was aware of the contraband and that the quantity was commercial. The court analyzed the concept of possession under the NDPS Act, emphasizing that possession must be conscious and exclusive. The court found that there was no material on record to show that the petitioner had knowledge or control over the cannabis. The court also noted that the quantity of 2.5 kg was not commercial. Consequently, the court allowed the petition and quashed the entire proceedings against the petitioner, setting him at liberty.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Articles 226 and 227 of Constitution of India read with Section 482 CrPC - The petitioner sought quashing of NCB Crime No.NCB/F.No.48/1/02/2024/BZU for offences under NDPS Act on grounds of lack of evidence of conscious possession and commercial quantity - Court held that the proceedings were liable to be quashed as there was no material to show that the petitioner had knowledge or control over the contraband found in the vehicle (Paras 1-10). B) Narcotic Drugs - Conscious Possession - Sections 8(c), 20(b)(ii)(A), 22(c), 27, 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The court examined the concept of possession under the NDPS Act and held that mere presence in a vehicle where contraband is found does not amount to possession unless there is evidence of conscious possession, i.e., knowledge and control - The court relied on the principle that possession must be conscious and exclusive (Paras 5-8). C) Narcotic Drugs - Commercial Quantity - Section 20(b)(ii)(A) of NDPS Act - The court noted that the quantity of cannabis allegedly recovered was 2.5 kg, which is less than the commercial quantity of 20 kg as per the Notification - Therefore, the rigors of Section 37 of NDPS Act regarding bail are not attracted, and the proceedings were quashed (Paras 6-9).
Issue of Consideration
Whether the criminal proceedings against the petitioner under the NDPS Act can be quashed on the ground that there is no material to show conscious possession of the contraband and that the quantity allegedly recovered is not commercial.
Final Decision
The petition is allowed. The entire proceedings in NCB Crime No.NCB/F.No.48/1/02/2024/BZU dated 05.01.2024 pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bangalore City, are quashed. The petitioner is set at liberty forthwith.
Law Points
- Possession under NDPS Act requires conscious possession
- knowledge and control
- mere presence insufficient
- commercial quantity threshold
- quashing of criminal proceedings under Articles 226/227 and Section 482 CrPC
