1. Possession of non-commercial quantity of Ganja — Bail application pending trial. (Para 3 )
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2018 Supreme(SC) 72
SUPREME COURT OF INDIA
Kurian Joseph, Mohan M. Shantanagoudar, JJ.
Birbal Prasad @ Birbal Prasad Sah @ Birbal Prasad Sao @ Birbal Sah – Appellants
Versus
State of Bihar – Respondents
Criminal Appeal No. 175 of 2018 (Arising From SLP (Crl) No. 8464 of 2017)
Decided On : 25-01-2018
Bail may be granted pending trial based on the non-commercial nature of the quantity involved and the absence of other criminal involvement.
Headnote:
Bail - Non-Commercial Quantity - Release on Bail Pending Trial
Fact of the Case:
The appellant was found in possession of 14 Kgs. of Ganja, a non-commercial quantity.
Finding of the Court:
The court found that the appellant should be released on bail pending trial, considering the non-commercial quantity of the substance involved and the absence of any other criminal involvement.
Issues: The issue was whether the appellant should be granted bail given the non-commercial nature of the quantity involved and the absence of any other criminal involvement.
Ratio Decidendi: The court considered the non-commercial nature of the quantity involved and the absence of any other criminal involvement as grounds for granting bail pending trial.
Final Decision: The appellant was granted bail on executing a bond and providing sureties, with conditions to not engage in criminal activities, influence witnesses, or interfere with the fair trial, and to appear before the concerned Station House Officer monthly.
Legal Category Hierarchy
Table of Contents
2. State's submission regarding the appellant's lack of involvement in other criminal cases. (Para 4 )
3. Grant of bail based on the non-commercial quantity of contraband and the absence of prior criminal involvement. (Para 3 , 4 , 5 )
4. Bail pending trial is permissible when the quantity of narcotics is non-commercial and the accused has no criminal antecedents. (Para 3 , 4 , 5 )
5. Appeal disposed of; appellant released on bail subject to bond, sureties, and conduct conditions. (Para 6 , 7 , 8 , 9 , 10 )
6. What factors are considered for granting bail in narcotics cases?
The court considers whether the quantity of the substance involved is non-commercial and whether the accused has any prior involvement in other criminal cases. (Para 3 , 4 , 5 )
JUDGMENT
Kurian, J.
Leave granted.
2. Heard the learned counsel for the appellant and the respondent/State of Bihar.
3. Taking note of the fact that the quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity, we had requested the learned counsel for the State to ascertain as to whether the appellant is involved in any other case.
4. Learned counsel appearing for the State, on instruction, has fairly submitted that the appellant is not involved in any other case.
5. In the above circumstances, we are of the view that the appellant should be released on bail, pending trial.
6. The appellant shall be released on bail on his executing a bond to the tune of Rs. 10,000/- (Rupees Ten Thousand) with two sureties for the like amount, to the satisfaction of the Trial Court.
7. However, the appellant shall not in any way indulge in any criminal activities and he shall also not influence the witnesses or otherwise interfere with the fair trial.
8. The appellant shall also appear before the concerned Station House Officer on the last Saturday of every month.
9. The appeal is, accordingly, disposed of.
10. Pending application(s), if any, shall stand disposed of.
