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SUDHIR KUMAR JAIN
Mohd. Farman – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
1. The present bail application is filed on behalf of the petitioner/applicant under section 439 Cr.P.C. read with section 36A(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") for grant of regular bail in FIR bearing no.0051/2023 registered under sections 20/25 of NDPS Act at P.S. Crime Branch.
2. The perusal of FIR bearing no.0051/2023 dated 27.02.2023 registered under sections 20/25 of the NDPS Act reflects that SI Naresh Kumar on receipt of secret information on 27.02.2023 at around 02:50 P.M. apprehended the petitioner/applicant Mohd. Farman, resident of Gautum Puri, Shastri Park, Delhi, who was stated to be indulged in the supply of charas in Delhi, when he came near Rohini between 03:45 P.M. to 04:15 P.M. to deliver charas to someone in front of City Centre Mall under construction MCD Parking, Prashant Vihar. The secret information was reduced to writing for compliance of section 42 of NDPS Act and thereafter a raiding party was prepared on the direction of senior officers. The raiding party proceeded towards the informed place along with necessary equipments and secret informer and reached there at around 0
The rigour of section 37 of NDPS Act is not applicable in cases where the quantity of contraband recovered is an intermediate quantity.
The main legal point established is the interpretation of the quantity of contraband as per the NDPS Act and its impact on the eligibility for bail.
The rigours of Section 37 of the NDPS Act do not apply to cases involving intermediate quantity of contraband, influencing the court's decision to grant bail.
The definition of 'commercial quantity' under the NDPS Act must be strictly interpreted according to the quantities specified by the Central Government, and possession of a quantity less than this th....
The main legal point established in the judgment is the interpretation of the provisions of the NDPS Act, particularly the definitions of commercial and small quantities, and the applicability of Sec....
The main legal point established in the judgment is that the rigours of S. 37 of the NDPS Act do not apply when the quantity of contraband falls within an intermediate category, and the principles fo....
The main legal point established in the judgment is that the grant of bail is a rule, and its refusal is an exception. The court emphasized the need to balance individual liberty with the interest of....
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