Case Note & Summary
The applicant, Pavan Kumar Chandubhai Patel, filed a criminal miscellaneous application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the High Court of Gujarat at Ahmedabad, seeking regular bail in connection with FIR No. 11195050250818/2025 registered with Tharad Police Station, Banaskantha. The FIR alleged offences under Sections 8(C), 21(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case involved the recovery of 218.32 grams of mephedrone, a psychotropic substance, from the conscious possession of the applicant. The applicant did not dispute the fact of recovery or conscious possession. The only ground urged for bail was that the applicant had no criminal antecedents. The court, after hearing the learned advocate for the applicant and the learned Additional Public Prosecutor for the State, and after perusing the charge sheet papers, declined to grant bail. The court reasoned that Section 37(1)(b)(ii) of the NDPS Act imposes stringent conditions for granting bail in cases involving commercial quantities of contraband. The court must hear the Public Prosecutor and must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. The court found that the applicant failed to satisfy these twin conditions. The mere fact that the applicant had no antecedents was insufficient to overcome the statutory bar under Section 37. Consequently, the application for regular bail was dismissed.
Headnote
A) Narcotic Drugs and Psychotropic Substances - Bail - Commercial Quantity - Section 37(1)(b)(ii) NDPS Act - The court considered bail application under Section 483 BNSS, 2023 for offence under Sections 8(C), 21(c), 22(c), 29 NDPS Act involving 218.32 grams mephedrone (commercial quantity). The court held that Section 37(1)(b)(ii) imposes twin conditions: court must hear Public Prosecutor and must be satisfied that there are reasonable grounds to believe accused is not guilty and not likely to commit offence while on bail. Since applicant did not dispute conscious possession and only argued no antecedents, court found no grounds to grant bail. (Paras 1-3)
Issue of Consideration
Whether the applicant is entitled to regular bail under Section 483 of BNSS, 2023 in a case involving commercial quantity of mephedrone under NDPS Act, considering the rigors of Section 37 of NDPS Act.
Final Decision
Application for regular bail is dismissed. Rule discharged.
Law Points
- Section 37(1)(b)(ii) NDPS Act imposes twin conditions for bail in commercial quantity cases
- requirement of hearing Public Prosecutor
- court must find reasonable grounds that accused is not guilty and not likely to commit offence while on bail
