VIKAS BABBARSINGH ITKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail in respect of the offence punishable under Ss. 8(c), 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereafter 'NDPS Act' for short) registered on 17/08/2021 vide C.R. No.249 of 2021 with Khadaki Police Station, Pune.

(2.) The applicant is accused No.1. There are in all 3 accused. The applicant was arrested on 17/08/2021. The applicant was noticed by the patrolling party carrying a sack. His movements were found to be suspicious. After necessary procedural formalities, the sack of the applicant was searched. The applicant was found in possession of the contraband 'charas' weighing about 1000 gms. Learned counsel for the applicant submitted that the applicant was in possession of contraband which quantity was less than the commercial quantity prescribed by the notification under the NDPS Act. According to him, therefore, the rigours of Sec. 37 of the NDPS Act for satisfying the twin conditions will not arise in the present case. It is further submitted that the applicant is in custody for more than 2 years and 2 months without any possibility of trial concluding any time soon. According to the learned counsel for the applicant, there are no prior offences under the NDPS Act registered against him. Learned counsel for the applicant relied upon the decision dtd. 13/06/2003 of the High Court of Himachal Pradesh in Ratto Vs. The State of Himachal Pradesh,Cr.M.P. (M) No. 1101 of 2002. and the decision dtd. 01/09/2015 in Vakil Vs. State of Haryana,2015(3) PLJ (Criminal) 677. of Punjab and Haryana High Court in support of his submissions.

(3.) On the other hand, learned APP vehemently opposed the application. It is submitted that the quantity found in possession of the applicant i.e. 1000 gms of contraband charas will have to be regarded as commercial quantity in view of sub-clause (viia) of Sec. 2 of the NDPS Act read with the notification S.O. 1055(E) dtd. 19/10/2001, issued by the Central Government. Learned APP further submits that the procedure of search and seizure is fully followed. Learned APP submitted that if clause (viia) of Sec. 2 and the provisions of the notification are properly construed, then it follows that 1 Kg and above of the contraband 'charas' has to be regarded as commercial quantity.