A person found in possession of a commercial quantity of contraband under the NDPS Act is not entitled to bail.

Headnote:
NDPS ACT - BAIL - COMMERCIAL QUANTITY - SECTION 37 OF NDPS ACT
Fact of the Case:

The petitioner was arrested for possession of a commercial quantity of contraband under the NDPS Act. He filed a bail application, arguing that he was falsely implicated and that the quantity of contraband recovered was less than commercial.
Finding of the Court:

The court found that there was material on record to show prima facie involvement of the petitioner in the offence and that the quantity of contraband recovered was commercial.
Issues: Whether the petitioner was entitled to bail under Section 37 of the NDPS Act.
Ratio Decidendi: The court held that the petitioner was not entitled to bail under Section 37 of the NDPS Act because he was found in conscious possession of contraband of commercial quantity.
Final Decision: The court dismissed the bail application.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17332/2021

Banshidhar Yadav S/o Shri Birdhichand Yadav, Aged About 58

Years, R/o Achrol, P.s. Chandwaji, Distt. Jaipur, Raj. (At Present

Confined In Central Jail Jaipur)

----Accused/Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

Mr. Shivraj Chauhan

For Respondent(s)

Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

06/01/2023

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.392/2021 registered at Police Station Chandwaji, District Jaipur

(Rural) for the offence(s) under Section(s) 8/21 & 8/22 of NDPS

Act, 1985 (for brevity, the Act of 1985”).

Learned counsel for the petitioner submits that he has falsely

been implicated in this case. Inviting attention of this Court

towards the statements of some of the prosecution witnesses

recorded under Section 161 CrPC, learned counsel submits that

Shri Prahlad, his son, does not deal in the narcotics. He submits

that the quantity of contraband recovered from his possession is

less than commercial, he is in custody since 12.10.2021 and prays

for his release on bail.

Learned Public Prosecutor has opposed the prayer.

(2 of 2)

[CRLMB-17332/2021]

Heard. Considered.

As per the charge-sheet filed against the petitioner under the

provisions of the Act of 1985, he was found in conscious

possession of contraband of commercial quantity. There is material

on record to show prima facie involvement of the petitioner in the

offence. Therefore, in view of the provisions of Section 37 of the

Act of 1985, the petitioner does not deserve indulgence of bail.

The bail application is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/2