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2021 Supreme(Mad) 1886

B.PUGALENDHI
. – Appellant
Versus
. – Respondent


JUDGMENT :

1. These petitions are filed either seeking for bail or anticipatory bail, in respect of cases arising out of the offences under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act, 1985] mandates that no person accused of an offence punishable under Section 19 or Section 24 or Section 27-A of the NDPS Act and accused of an offence involving commercial quantity, shall be released on bail, unless the accused satisfies the twin conditions, viz., (i) there are reasonable grounds for pleading that the accused is not guilty of such offences and (ii) that he is not likely to commit any offence while on bail.

3. The Central Government by notification vide S.O.1055[E] dated 19.10.2001 has fixed possession of 20Kgs of Ganja as commercial quantity.

4. The allegation in the present cases is that the petitioners / accused were in possession of more than 20Kgs of Ganja and in view of the provisions under Section 37 of the NDPS Act, these petitions which are filed in the past on

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