SUDHIR KUMAR JAIN
Anjali – Appellant
Versus
State (GNCT Delhi) – Respondent
Based on the provided legal document, the key legal points are as follows:
The court considered the applicability of Section 37 of the NDPS Act in cases involving intermediate quantities of contraband. It was determined that the rigours of Section 37 do not apply when the recovered quantity is classified as intermediate, which is more than a small quantity but less than a commercial quantity (!) (!) (!) .
The court emphasized that the possession of an intermediate quantity of contraband, such as 2.700 kg of ganja in this case, warrants a different approach to bail, generally favoring the grant of bail provided other conditions are met (!) .
The petitioner’s custody since the date of arrest was acknowledged, and it was noted that the investigation had concluded with the filing of a chargesheet, which is relevant for bail considerations (!) (!) .
The court highlighted that previous judgments support the view that the absence of previous adverse antecedents and the classification of the quantity as intermediate favor bail, provided the petitioner complies with certain conditions (!) (!) (!) (!) .
Conditions for bail include furnishing a personal bond, ensuring the petitioner does not leave the country, appears before the trial court as directed, keeps the mobile phone operational, and refrains from tampering with evidence or influencing witnesses (!) (!) (!) (!) .
The court dismissed the earlier bail application but granted bail in the present case based on the interpretation that Section 37's rigours are not applicable, and considering the specific circumstances such as the quantity recovered and the petitioner’s custodial period (!) (!) .
The decision underscores that in cases involving intermediate quantities, the strict application of certain provisions of the NDPS Act may be relaxed, especially when other factors favor bail (!) (!) .
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JUDGMENT
1. The present bail application is filed on behalf of the petitioner/applicant under section 439 Cr.P.C. for grant of regular bail in FIR bearing no. 0518/2023 registered at P.S. Shahbad Dairy, Delhi under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").
2. The perusal of FIR bearing no.0518/2023 dated 15.05.2023 registered under section 20 of NDPS Act reflects that HC Vinod Kumar on receipt of secret information on 15.05.2023 at around 11:30 A.M., apprehended the petitioner/applicant Anjali, resident of House no. B-137, Amar Jyoti Colony, Shahbad, Daulatpur, Delhi, who was stated to be indulged in the supply of ganja in Delhi, when she came outside her house at around 01:20 P.M. to deliver ganja to someone. 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 alongwith necessary equipments and the secret informer and reached there at around 01:10 P.M. Inspite of request, the public persons refused to join raiding party after citing their difficu
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