ISHIKA Vs. STATE

JUDGEMENT

(1.) Present petition has been filed under section 439 Cr.P.C. for grant of regular bail in pursuance to FIR No.261/2020 registered at Police Station Samaipur Badli for the offences punishable under sections 29/21/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Case of the petitioner is that bar of section 37 of NDPS Act is not applicable in the present case, therefore, this court may exercise its discretion and enlarged the petitioner on bail. The substance alleged to have been recovered from the petitioner is 112 gms. of heroin and 152 gms. from the co-accused Ravi Kiran. Accordingly, it is evident that the contraband recovered from the petitioner was intermediate and as per the notification of intermediate quantity, the bar under section 37 of NDPS Act will not be attracted in the present case as the same is applicable only in offences involving commercial quantity.

(3.) Counsel for the petitioner further submits that both the accused persons were apprehended separately and the contraband was also recovered separately, wherein there was no element of abetment or criminal conspiracy between the petitioner and the co-accused to commit the alleged offence. To strengthen his arguments, counsel for the petitioner relied upon the case of Amar Singh Ramjibhai Barot vs. State of Gujarat , 2005 7 SCC 550 delivered by Hon'ble Supreme Court of India vide judgment dated 19.09.2005 in Crl.A.1218/2005 and relevant paras are reproduced as under: