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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE YOGENDRA KUMAR PUROHIT, J
JOSEPH TOBECHUKWU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
YOGENDRA KUMAR PUROHIT, J.
1. The instant second bail application has been filed by the applicant under Section 439 Cr.P.C. (483 BNSS). The applicant has been arrested in connection with FIR No. 105/2024 registered at Police Station Goverdhanvilas, District Udaipur for the offence(s) under Section 8/22 of NDPS Act.
2. Learned counsel for the accused-applicant submits that the applicant has been falsely implicated in the case. He further submits that in first bail application, MDMA weighing 20.550 grams was considered to be recovered from the applicant by the police which was commercial quantity therefore, the bail application was not pressed by the counsel and accordingly same was dismissed as not pressed on 14.11.2024 with liberty to file fresh bail application after statement of seizure officer. Now in this case, FSL report has been received, in which the recovered contraband is found to be methamphetamine as mentioned in the order of the trial court, which is listed at serial number 159 of the table attached with NDPS Act, whose commercial quantity is more than 50 grams. Thus, the recovered contraband weighing 20.550 grams is below commercial quantity. There is no other cas
The court held that possession of a substance below the commercial quantity threshold justifies granting bail, especially when no prior cases exist against the applicant.
The court emphasized the necessity of timely FSL reports in NDPS cases, ruling that delays can unjustly prolong custody and affect the rights of the accused.
A charge under Section 22(c) of the NDPS Act does not apply if the substance is determined to be Methamphetamine instead of MDMA.
The court ruled that the inapplicability of Section 37 of the NDPS Act due to the contraband being below commercial quantity justified granting bail under Section 439 of the Cr.P.C.
The court denied bail due to the serious nature of the charges involving commercial quantity of narcotics and potential flight risk.
The court established that possession of Psychotropic Substances below commercial quantity warrants bail, especially when the investigation is complete.
The court ruled that in cases of intermediate quantity possession under the NDPS Act, the rigorous conditions of Section 37 are not applicable, allowing for bail.
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