Case Note & Summary
The petitioner, Irfan Ali, accused No.2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in Crime No.68/2020 registered at Rural Police Station, Hospet, Ballari, for an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case arose from a raid on 18.09.2020 at about 6:30 a.m., when the Police Inspector of Hospet Rural Police Station received credible information that narcotic drugs were illegally stored in the house of one Smt. Chinnamma. The police, along with a gazetted officer and panchas, raided the house and found accused No.1 and the present petitioner present. On search, they recovered 4 plastic bags containing a total of 49 kgs 700 gms of ganja valued at Rs.9,94,004/- concealed under the bed. The petitioner sought bail, arguing that he was not the owner of the house, was not in exclusive possession, and had no criminal antecedents. The State opposed bail citing the commercial quantity of contraband and the rigors of Section 37 of the NDPS Act. The court, after considering the facts and submissions, noted that the petitioner was not found in exclusive possession of the contraband and had no criminal antecedents. The court held that the conditions under Section 37 of NDPS Act were satisfied as there were no reasonable grounds to believe that the petitioner was guilty of the offence. Accordingly, the court allowed the petition and granted bail to the petitioner subject to conditions including executing a personal bond of Rs.2,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 Cr.P.C. - NDPS Act - Commercial Quantity - The court considered bail application for accused No.2 in a case involving 49.7 kg ganja (commercial quantity). Held that though Section 37 of NDPS Act imposes strict conditions, the petitioner was not found in exclusive possession of the contraband and had no criminal antecedents, hence bail granted with conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner/accused No.2 is entitled to bail under Section 439 Cr.P.C. for an offence under Section 20(b)(ii)(C) of NDPS Act, 1985, involving commercial quantity of ganja.
Final Decision
The petition is allowed. Petitioner/accused No.2 shall be enlarged on bail in Crime No.68/2020 of Rural Police Station, Hospet, for offence under Section 20(b)(ii)(C) of NDPS Act, subject to executing a personal bond of Rs.2,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Law Points
- Bail under Section 439 Cr.P.C.
- NDPS Act Section 20(b)(ii)(C)
- Commercial quantity presumption under Section 37 NDPS Act
- Prima facie case
- Criminal antecedents
- Possession
