ANIL KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The question that crops up for consideration in this bail application under section 439 Cr.P.C. is whether 20 kg. of ganja comes within "commercial quantity" as prescribed under section 2(viia) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter for short 'NDPS Act')?

(2.) In the present case, the petitioner Anil Kumar Dash who is an accused in Naktiduel P.S. Case No. 15 of 2012 corresponding to T.R. Case No. 25 of 2012 pending in the Court of learned Sessions Judge -cum- Judge (Special Court), Sambalpur has been chargesheeted under section 20(b)(ii)(C) of NDPS Act for transporting 20 kg. of ganja on 29.03.2012 at about 4 a.m. in his motorcycle bearing Regd. No. OR 19E 1589 near Ambajhari temple under Naktideul police station in the district of Sambalpur.

(3.) The petitioner is in custody since 14.02.2015 and his prayer for bail has been turned down by the learned Sessions Judge -cum- Judge (Special Court), Sambalpur vide order dated 25.02.2015 on the ground that the recovered and seized ganja being 20 kg. comes within the purview of commercial quantity and therefore section 37 of the NDPS Act is a legal impediment for grant of bail.