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RAJNESH OSWAL
Iqbal Qasim – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The present application has been filed by the petitioner for grant of bail in challan titled 'Union Territory of J&K vs. Iqbal Qasim” arising out of FIR No. 108/2018 for commission of offences under sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) after the bail application filed by the petitioner was rejected by the court of learned Sessions Judge, Ramban (hereinafter to be referred as the trial court) vide order dated 28.06.2019.
2. It contended in the bail application that the petitioner has been in custody since 27.06.2018 and as per the allegations, during checking on 27.06.2018, two polythene packets containing charas were recovered from his bag weighing 500 gms each. It is further stated that the quantity of contraband allegedly recovered from the petitioner is intermediate quantity, so rigors of section 37 of the Act shall not apply. It is further submitted that all the material witnesses have been examined and none of the witness has corroborated the story as alleged by the Police in the FIR. It is stated that the petitioner is an innocent person having no criminal background and in the event the petitioner is not re
The main legal point established is the interpretation of the quantity of contraband as per the NDPS Act and its impact on the eligibility for bail.
The definition of 'commercial quantity' under the NDPS Act must be strictly interpreted according to the quantities specified by the Central Government, and possession of a quantity less than this th....
The rigour of section 37 of NDPS Act is not applicable in cases where the quantity of contraband recovered is an intermediate quantity.
The main legal point established in the judgment is that the rigours of S. 37 of the NDPS Act do not apply when the quantity of contraband falls within an intermediate category, and the principles fo....
The main legal point established in the judgment is the interpretation of the provisions of the NDPS Act, particularly the definitions of commercial and small quantities, and the applicability of Sec....
Point of Law : Narcotic Substances - Gant of Bail - Section 2 (vii- a) of Act, 1985, "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity "greater than....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The main legal point established is the presumption of innocence, the avoidance of pre-trial punishment, and the need to balance individual liberty with the interest of society in the context of bail....
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