S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court
The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband.The petition was filed under Sections 437 and 439 of Code of Criminal Procedure seeking regular...
The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband.
The petition was filed under Sections 437 and 439 of Code of Criminal Procedure seeking regular bail to petitioner/Accused, allegedly found to be in possession of 4.3 kgs ganja. It was alleged that the petitioner was illegally selling the same.
The counsel for the petitioner contended that the quantity of ganja seized was not commercial quantity and the police did not follow the seizure procedure. Further, the petitioner had been falsely implicated in the case and has been languishing in jail since December last year.
The Assistant Public Prosecutor opposed the bail application on the ground that investigation is pending.
Section 37 of the NDPS Act stipulates that persons accused of offences under the Act involving commercial quantity, shall not be released on bail unless the Court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail. However, for non-commercial quantity, there is no such bar for grant of bail under the provision.
The Court took into consideration the fact that bar under Section 37 of NDPS Act is not attracted to the present case as the quantity of ganja that is said to have been seized is only 4.3 kgs which is not a commercial quantity. It thus deemed it appropriate to grant bail to the petitioner on certain conditions.
The Criminal Petition was thus allowed.
Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR
Citation: 2022 LiveLaw (AP) 18