ORDER

This is an application for regular bail.

2. The petitioner is the one of the accused in Crime No.196/2021 of Vidyanagar Police Station alleging commission of offences under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the NDPS Act').

3. The allegation against the petitioner is that the petitioner was found in possession of 21 Kgs of Ganja while travelling on a scooter bearing Registration No.KL-14W 5963 along with the 1st accused.

4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the alleged recovery of contraband from the petitioner cannot be sustained. It is submitted that even according to the prosecution records, the contraband in question was packed in two different bags and the total quantity cannot be taken into consideration for the purposes of determining whether the contraband was in commercial quantities or not. It is not disputed that if the total quantity of contraband is taken into consideration, the same adds up to commercial quantities. It is submitted that since two different packets were recovered, the total quantity cannot be taken into consideration especially since Section 29 of the NDPS Act has not been invoked in the case. It is submitted that the provisions of Section 37 of the NDPS Act do not apply in the matter as the quantity of contraband recovered from the petitioner alone is not in commercial quantity. It is submitted that the petitioner has been in custody since 24.5.2021 and his continued detention is not necessary for the purposes of any investigation, as a final report has already been filed in the matter and the matter is now pending as S.C.No.493/2021 before the Sessions Court, Kasaragod.

5. The learned Public Prosecutor opposes the grant of bail. It is submitted that the records clearly reveal that there was the recovery of contraband from the possession of the petitioner and the other accused in the case. It is submitted that all legal procedures contemplated by law have been followed in the matter and no specific violation has been pointed out by the petitioner. It is submitted that Section 29 of the NDPS Act needs to be invoked only if a conspiracy is alleged. It is submitted that in this case, both the accused were found in possession of contraband. It is submitted that for the purposes of determining whether the contraband was in commercial quantities or not, the provisions of Section 29 of the NDPS Act need not be invoked. It is submitted that in cases like these where there is the recovery of contraband from the joint possession of two or more accused, each of them will have to be considered as being in possession of the total quantity of contraband and there cannot be any artificial splitting up of the quantities for the purposes of determining whether the contraband in question is in commercial quantities or not. It is submitted that the provisions of Section 37 of the NDPS Act clearly apply in this case and the petitioner is not entitled to bail.

6. I have considered the contention and perused the case diary. The facts of the case are that while the Sub Inspector of Police, Vidyanagar Police Station and party were engaged in checking the vehicles, they found two youngsters approaching them on a scooter. On seeing the Police party, these youngsters attempted to turn the scooter around and flee from the place. However, the scooter overturned and the petitioner and the other accused ran away from the spot. However, they were intercepted and it was found that the packets they were carrying on the scooter contained Ganja, the total weight of which comes to 21 Kilograms. The contention of the learned counsel for the petitioner that only the quantity which was allegedly in possession of the petitioner can be factored for the purposes of determining whether the contraband was in commercial quantities or not, must fail. In the facts and circumstan