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PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Chhote Lal @ Baba Chhail Bihari Sharan
Versus
State Of Haryana
Crl. Misc. No. 19777 of 2001,
Decided On : DECEMBER 18, 2001
Narcotic Drugs and Psychotropic Substances Act - Commercial Quantity - Interpretation of Provisions
Fact of the Case:
250 grams of charas was recovered from the possession of the accused. The petitioner argued that the recovery did not constitute 'commercial quantity' as per the notification.
Finding of the Court:
The court allowed bail to the petitioner based on the interpretation of the provisions of the Narcotic Drugs and Psychotropic Substances Act and the Code of Criminal Procedure.
Issues: Interpretation of 'commercial quantity' under the Narcotic Drugs and Psychotropic Substances Act, applicability of bail provisions under Section 439 of the Code of Criminal Procedure, and the length of trial as a factor for granting bail.
Ratio Decidendi: The court's decision was influenced by the interpretation of the provisions of the Narcotic Drugs and Psychotropic Substances Act and the Code of Criminal Procedure, as well as the consideration of the length of trial as a factor for granting bail.
Final Decision: The court allowed bail to the petitioner to the satisfaction of the Chief Judicial Magistrate, Panipat.
M.L.Singhal, J.
1. Heard. According to the prosecution, 250 grams of charas was recovered from the possession of the accused on 15.3.2001.
2. Learned counsel for the petitioner submits that the recovery of the charas weighing 250 grams is not "commercial quantity" because as per notification dated 19.10.2001 published in the Gazette of India, charas weighing 1 kg. or more will be "commercial quantity". The provisions of section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 will not apply as these lay down that before grant of bail, the court has to be satisfied that the accused has not committed the offence and further if released on bail, he will not indulge in the commission of that offence. He submits that the grant of bail in such cases would be governed by the provisions of Section 439 of the Code of Criminal Procedure. He further submits that the trial will take a long time and it would be unjust to keep the accused in custody in such circumstances.
3. Looking to the facts and circumstances of the case, I allow bail to the petitioner which shall be to the satisfaction of Chief Judicial Magistrate, Panipat.
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