PUSHPA RANI Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) This is an application for interim bail on the ground that the petitioner's husband is seriously ill. Earlier, the petitioner had filed an application for interim bail before the Sessions Court and the learned Additional Sessions Judge by an order dated 21.03.2005 dismissed the same. The petitioner is alleged to have been involved in a conspiracy of dealing in one kilogram of Heroin and it is further alleged that 125 grams of Heroin plus 100 grams of Hashish were recovered from the petitioner. This being the position, the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the NDPS Act') would come into play.

(2.) Normally, this Court would have examined the merits of the application and dealt with the same without any reference to the order passed by the learned Additional Sessions Judge. However, since some observations have been made in the order dated 21.03.2005 which are not in consonance with the position in law, therefore, I feel it necessary that the correct position be pointed out. The learned Additional Sessions Judge in the order dated 21.03.2005 observed as under:- 3. Heard. The Hon'ble Supreme Court in Ram Samujh and Another, reported as 1999(3) CC Cases (SC) 22, has held that even interim bail is barred in cases involving commercial quantity. This view is further followed by the Hon'ble High Court in Islammudin @ Chottey Vs. State of Delhi reported as 1993 AD (Crl.) DHC 1095, wherein it is held that interim bail shall not be granted in cases involving commercial quantity, even if the same is sought on medical or humanitarian grounds, the embargo as provided under Section 35 of the NDPS Act, is attracted. I, therefore, find no grounds to allow interim bail to the applicant/accused. The application is, accordingly, dismissed.

(3.) A reading of the aforesaid extract would give the impression that the Additional Sessions Judge was of the view that once Section 37 of the NDPS Act is attracted then interim bail is barred and cannot be granted. He has referred to the decisions of the Supreme Court in the case of UOI Vs. Ram Samujh & Anr., 1999(3) C.C.Cases (SC) 22 as also the decision of this Court in the case of Islamuddin @ Chottey Vs. State of Delhi, 1999(51) DRJ 558.