IMPORTANT POINT
The central legal point established in the judgment is the interpretation of 'reasonable grounds' for granting bail under Section 37 of the NDPS Act and the determination of commercial quantity based on the method of weighment of contraband substances.

JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.I-11210050231267 of 2023 registered at Rander Police Station, Surat of the offence punishable under Sections 8(c), 2(c) and 29 of the NDPS Act.

3. In nutshell, the case of the prosecution is as under;

3.1 The complaint came to be registered by Shri M.D. Mahida, Police Sub-Inspector, D.C.B. Police Station, Surat City stating that on 20.09.2023, Police Constable Chandradipsinh Mahendrasinh, Buckle No.2214 received a tip-off that one Tausif Saiyed, residing at Flat No.501, 5th Floor, Peace Point Apartment, Rander has been secretly indulged in selling of the contraband drug since long who has hidden the contraband substance in the drover of the wooden made cupboard in the last room of his flat. The said information was then reduced into writing and forwarded to the Deputy Police Commissioner, Surat City.

3.2 Thereafter, for the purpose of carrying out raid, Panchas were also called for and after following the due procedure of raid, all the members of the raiding party reached at the given address at around 19:25 hours. On knocking the door of the flat, one person came out and identified himself as Tausif S/o. Mohammed Mustufa. The police then got acquainted the said person with the secret information received by them and entered into the house.

3.3 Thereafter, personal search of Tausif was carried out, however, nothing objectionable was found upon his personal search. After that, the police went to the last room of the flat and made a search of the cupboard from where one plastic zip bag was found lying in the drover containing suspicious powder having pungent smell. Upon being asked about the said powder, the applicant-accused admitted it to be the contraband psychotropic substance. Thereafter, samples were taken and upon testing with the drug detection kit, the samples tested positive for Mephedrone. Hence, the present FIR.

4. Learned advocate Mr. Brijesh Trivedi for learned advocate Mr. P.S. Tolia appearing for the applicant has submitted that the applicant-accused is an innocent young man, aged about 36 years languishing in the judicial custody since 25.09.2023. It is further submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate Mr. Trivedi submits that the contraband substance is alleged to have been found from the cupboard of the flat and not from the physical and conscious possession of the applicant-accused and, therefore, rigors of Section 37 of the NDPS Act would not be attracted in the present case. It is moreso submitted that the contraband substance was weighed with the weighing scale machine and a Panchnama also came to be drawn in this regard, and from the contents of the said Panchnama it appears that the narcotic substance recovered from the house of the applicant-accused does not fall under the category of commercial quantity. It is submitted that as per the notification issued by the Government of India, commercial quantity of Mephedrone is 50 grams. Admittedly, the narcotic substance recovered from the house of the applicant when weighed along with the plastic zip bag, it was found to be 52.550 grams. It is submitted that total 168 other empty plastic zip bags were also found during the raid, from which, one empty plastic bag was taken for weighment, and on being weighed, the same was found to be of 1.570 grams. Thereafter, the contraband substance was emptied from the original plastic zip bag and filled in the said new plastic zip bag and when weighed along with the new plastic zip bag, the contraband substance was found to be 52.030 grams which after deducing the weight of the plastic bag, i.e., 1.570 grams, found to be 50.460 grams of net quantity. After that, the plastic zip ba