NILESH @ NILKAMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Section 439 of Cr.P.C. for grant of bail on behalf of the applicant. The applicant is in jail since 05.04.2018 in connection with Crime No.272/2018 registered at Police StationChandan Nagar, District- Indore for offence punishable under Sections 8 and 22 of NDPS Act.

(2.) As per prosecution story, the applicant was found to be in possession of 5400 tablets of alprazolam. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant, at the first instance, tried to impress upon this Court that it is not the gross weight of the tablets which has to be taken into consideration but, the net weight of the obnoxious substance has to be taken into account i.e. psychotropic substance. According to him, each tablet contained 2700 mgs. and, therefore, if it is multiplied with the numbers of tablets seized, the quantity of the alprazolam substance shall not be more than 5 gms. Since the seized article found to be in possession of the applicant is less than the small quantity i.e. 5 gms., therefore, it is a minor offence and punishable only for six months under sections 8 and 22 of NDPS Act. Learned counsel has relied upon the judgment of Hon'ble Supreme Court in the case of Gaunter Edwin Kircher vs. State of Goa, 1993 AIR(SC) 1456 to bolster his submission. Learned counsel also submits that since only six tablets were sent for chemical analysis where alprazolam substance was found, the rest of the tablets could not be said to be containing the same substance. Even otherwise, no case is made out for prosecuting the applicant under sections 8 and 22 of NDPS Act. Hence, the applicant deserves to be enlarged on bail.