Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.

ORDER :

1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11208045240624 of 2024 registered with Malviyanagar Police Station, District: Rajkot City for the offences punishable under Sections 8(C), 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

2. Heard learned advocate Mr. A.S. Timbalia for the applicant. Learned advocate for the applicant submitted that the investigation of the offence is over and charge-sheet is filed. He submitted that the present applicant has been falsely implicated in the present offence since he was found in the company with the other co-accused and both, the present applicant and the other co-accused were found in joint possession of the contraband substance of Mephedrone worth 98 grams. He further submitted that the case of prosecution is not beyond a reasonable doubt as there are several doubts in the case of prosecution and benefit of which would go to the present applicant. The investigating agency had also committed a breach of the standing order issued by the Central Government with regard to the seizure and storage of muddamal articles seized under the NDPS ACT.

2.1 He next submitted that the applicant is a student aged around 21 years and his having disabled and ailing parents. He submitted that the provisions of Section 37 of NDPS Act would not come against the present applicant as the applicant has successfully established that he is not guilty of an offence alleged against him and there are several lacuna in the case of prosecution for the benefit of which must go the present applicant. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

2.2 Learned advocate for the applicant has sought to rely upon the judgment of the Hon’ble Telangana High Court in the case of [Baba Sow Chandekar Vs. The State of Telangana , reported in (2008) 16 SCC 417].

3. The application is opposed by learned APP Ms.Maithili Mehta inter alia contending that the stock of contraband substance of Mephedrone was recovered from the house belonging to the present applicant. She therefore submitted to dismiss the present application.

4. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. As per the case of prosecution, a secret information was received by the police authorities that the stock of contraband substance of Mephedrone had been stored in the premises mentioned in the secret information and on the basis of the said secret information, a raid was carried out to the place of incident and the present applicant and the other co-accused were found present in the premises and upon the search and seizure of the said premises being carried out, the stock of contraband substance of Mephedrone worth 98 grams was found lying in the said house.

4.1 From these facts it appears that the possession of the applicant over the said contraband substance was conscious possession. As per the case of prosecution, the house from which the said stock of contraband substance had been recovered belonged to the present applicant. So far as the aspect of breach of the standing order is concerned, merely because breach of the standing order while sampling and packaging of contraband substance has been committed, if at all it is true, the same is the matter required to be considered at the stage of trial.

4.2 The quantity involved in the offence is a commercial quantity and hence, Section 37 of the NDPS Act would apply.

5. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. The present Application is dismissed.