6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court

The Andhra Pradesh High Court recently granted bail to a man accused of possessing 6 Kgs of Ganja, observing that the same is not a "commercial quantity" and thus the case for grant of bail will not be governed under Section 37 of NDPS Act.Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. It means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. Presently, commercial quantity of Ganja is 20 Kgs or more. The present order was passed by Justice Cheekati Manavendranath Roy who noted that the man has been languishing in jail for two months. However, the bail was granted on certain grounds, keeping in view the apprehension of the police that he will abscond. "There is considerable progress in the investigation. The petitioner has been languishing in jail for the last two months period of time. Therefore, he is entitled to bail. However, in view of the apprehension expressed by learned Additional Public Prosecutor that as the petitioner is resident of Tamil Nadu State that if he absconds if he is released on bail that it would be difficult for the police to nab him to secure his presence for trial, he is entitled to bail on certain conditions." The petitioner was booked under section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Three people were arrested under the aforesaid sections for being in illegal possession of 6 KGs of ganja. The court granted bail to the petitioner on execution of self bond for Rs.2,00,000/- with two sureties for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Narsipatnam, Visakhapatnam District. "The two sureties shall be solvent sureties and they shall be the local sureties who shall be the permanent residents of Visakhapatnam District. On his release, the petitioner shall report before the Station House Officer, Kotauratla Police Station, Visakhapatnam daily between 10.00 A.M and 5.00 P.M till the charge sheet is filed in this case. Thereafter, he shall report before the Station House Officer, Kotauratla Police Station once in a month on the 2nd day of every succeeding month till the entire trial is concluded and the case is disposed of in the trial Court. The aforesaid condition is imposed in view of the apprehension expressed by learned Additional Public Prosecutor as discussed supra and to ensure his presence during the course of trial. The petitioner shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and it also entails cancellation of bail."Also Read: S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High CourtCase Title : Dinesh @ Dinesh Versus The State Of Andhra PradeshCitation: 2022 LiveLaw (AP) 57Click Here To Read/Download Order

6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court

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