Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates

The Gujarat High Court has granted bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, while observing that rigours of bail under Section 37 of the Act does not apply in case of non-commercial quantity and hence, regular bail can be allowed.

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.

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.

"Having carefully considered the contents of the FIR and material placed on record, it appears that embargo of Section 37 of the NDPS Act is not applicable to the facts of present case as seized contraband Ganja is found to be small quantity."

The accused was booked for alleged commission of offences under Sections 8(c), 20(b) and 29 of the NDPS Act.

The APP opposed the grant of bail considering the nature and gravity of the offence. Per contra, the Applicant-accused contested that bail ought to be granted considering the quantity of the prohibited goods.