HITESH HEMANT MALHOTRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) On 8.6.2019 on personal search of the applicant, 10 square pieces of papers containing LSD drops of LSD solutions were found and recovered. Subsequently, on the same day, in house search, 13 pieces of brown colour papers each admeasuring 1/1 cm in size containing LSD drops of LSD solution were recovered. Additionally, 970 gms (570+400 gms) of charas, kept in the cupboard was recovered. Applicant was apprehended on 8.6.2019 for the offences punishable under Sections 8(c), 20(b), 22(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act ("NDPS Act" for short) in connection with Crime No.153/2019 is registered with Vartak Nagar Police Station, Thane.

(3.) Applicant is seeking bail on the ground that quantity of contraband i.e. LSD and charas allegedly found and recovered from the person of applicant and his house was less than the, 'commercial quantity', and therefore rigors of Section 37 of the NDPS Act, are not applicable to the facts of this case. Besides, it is contended that, applicant has no criminal antecedents. Also submitted that, the investigation is over and applicant's presence for the trial can be secured by imposing appropriate conditions.