VIJAYAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 846 of 2012 of Ponnani Police Station for offences under Ss. 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to 'the Act'). Petitioner was arrested on 20.9.2012. Ever since he is in judicial custody. His application for bail was rejected by the Special Judge (NDPS Act cases), Vadakara on 21.1.2013 for two reasons. One is that the offence alleged in this case was committed while he was on bail in other cases. The other reason stated is that the release of the petitioner is barred under S. 37(1)(b) of the Act. Now this petition seeking an order to release the petitioner on bail.

(2.) The argument advanced by the learned counsel for the petitioner is that no final report was filed within the time stipulated under S. 167(2) of the Code of Criminal Procedure (Cr.P.C.) and therefore further detention of the petitioner is illegal. It is also contended that S. 37 of the Act is not applicable to the case on hand. The case was registered with an allegation that the petitioner was possessing 1.2 kg of ganja. Admittedly, it is not a commercial quantity. Therefore, S, 37 has no application, Neither sub-clause 4 of S. 36A of the Act is also applicable.

(3.) For a correct appraisal of the case, reading of S. 37 would be relevant: