The Gujarat High Court recently comprising of a bench of Justice Ilesh Vora granted bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) observing that rigours of bail under Section 37 of the Act does not apply in case of non-commercial quantity and hence, regular bail can be allowed. (Mahendrabhai Manglabhai Bodat vs State Of Gujarat)
Facts of the case
By way of this application filed under Section 439 of the Code of Criminal Procedure, the applicant sought regular bail in connection with an FIR registered for the offence under Sections 8(c), 20(b) and 29 of the NDPS Act.
Contention of the Parties
Learned advocate appearing on behalf of the applicant submitted that considering the quantity of prohibited goods, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
Courts Observation and Judgment
The bench at the very outset observed, "Having carefully considered the contents of the FIR and material placed on record, it appears that embargo of Section 37 of the NDPS Act is not applicable to the facts of present case as seized contraband Ganja is found to be small quantity. The applicant having no any past antecedent of like nature. There is no likelihood of absconding or fleeing from justice."
The bench granting bail to the accused remarked, " In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No. 11188003220147/2022 registered with Bhiloda Police Station, Dist. Aravalli, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court."
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