Possession of a commercial quantity of narcotics under the NDPS Act restricts eligibility for bail, and prima facie involvement in the offenses is sufficient to deny bail.

1. On 17.02.2018, a police patrol party stopped a vehicle, make-Taveera bearing Registration No. JK03C-6054, which was being driven towards Seeloo Sopore. Besides the driver, one passenger, named Gh. Qadir Malik S/o Gh Nabi Malik R/o Tahab Pulwama, was also traveling in the said vehicle. The driver disclosed his name as Gowhar Ahmad Mir S/o Gh. Nabi Mir R/o Kheelan Pulwama. During their search, charas weighing 1140 grams was recovered from their possession and to put it appropriately 270 grams were recovered from Gowhar Ahmad Mir and 870 grams were recovered from the possession of Gh Qadir Malik. During the preliminary investigation of the case, it came to the fore that both the accused had obtained the charas through illegal means for sale on higher prices to the customers and, therefore, offences under Section 8/20 NDPS Act, were found to have been committed by them and, accordingly, a case bearing FIR No. 33/2018 was registered against them for the commission of the aforesaid offences at police station Sopore, with which the investigation ensued. The samples of the seized contraband were taken. These were sent to J&K Forensic Science Laboratory, Srinagar, for examination and analysis. The statements of the witnesses conversant with the facts of the case were recorded and the site plan was also prepared. The accused were arrested on 17.02.2018. On the completion of the investigation of the case, a charge sheet in terms of Section 173 Cr. PC was laid against the accused before the competent Court of law.

2. The pith and core of the application of the applicant is that it is only an intermediatory quantity of charas that has been recovered from him and, therefore, the rigor of Section 37 of the NDPS Act, will not apply to the case on hand. It is also stated by the applicant that he is innocent and has not committed any offence. The contention of the applicant further is that in a case like the present one grant of bail is the rule and its refusal is an exception. It is also pleaded by the applicant that he has deep roots in the society and he will not flee from justice but will cooperate with the investigating officer and will present himself before him if and when he is required to do so.

3. The respondents have resisted and controverted the application of the applicant chiefly on the grounds, inter alia, that charas was recovered from the possession of the applicant. The applicant has committed a heinous offence. The menace of the narcotics has eaten into the vitals of the society. It is a crime against the society and the societal concerns have to be guarded with zeal and zest. The motion so preferred by the applicant seeking admission to bail in relation to the above referred crime is devoid of any merit and, as such, the same deserves to be rejected, as the quantity of charas recovered from him falls within the scales of commercial quantity.

4. Heard and considered.

5. The ratio of the judgment dated 18.04.2018 passed by this Court in Bail Application No. 37 of 2018 in case titled Barkat Ullah Mir v State of J&K through P/s Yaripora, Kulgam and the judgment dated 10.05.2018 passed by this Court in Bail Application No. 54 of 2018 in case captioned Tariq Ahmad Lone v. State of J&K through SHO P/S Yaripora, relied upon by the learned counsel for the applicant in carving out a case for the applicant does not apply to the facts and the circumstance of the instant case, as the quantity of poppy straw recovered in both them was an intermediary one. Therefore, this application cannot be tested on the parameters of the judgments relied upon by the learned counsel for the applicant inasmuch as the applicant herein this application acted in concert with the other one and the quantity of charas recovered from both of them is 1140 grams, which falls with the area and scales of commercial quantity.

6. In exercise of the powers conferred by clauses vii(a) and xxiii(a) of Section 2 of the Narcotic Drugs and Psychotropic Substances A