ARJUN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application under Sec. 439, Code of Criminal Procedure, 1973 ['the Code' and/or 'the CrPC', for short] is preferred by the accused- petitioner viz. Sri Arjun Sharma seeking his release on bail in connection with NDPS Case no. 39/2021, presently pending before the Court of learned Special Judge, Kamrup [Metro] at Guwahati ['the trial court', for short]. The case, NDPS Case no. 39/2021 has arisen out of NCB Crime Case no. 01/2021, registered under Sec. 8[c], Narcotic Drugs and Psychotropic Substances Act, 1985 ['NDPS Act', for short] and punishable under Sec. 22[c] and Sec. 29 of the NDPS Act.

(2.) At the inception, it is appropriate to narrate the events, in brief, leading to the registration of NCB Crime Case no. 01/2021 :-

(3.) As per Entry no. 159 of the Table appended to the NDPS Act, issued in exercise of powers conferred by Clauses [viia] and [xxiia] of Sec. 2 of the NDPS Act, and as per the Notification vide no. 1893 of the Ministry of Finance [DoR], Government of India published in the Gazette of India on 18/11/2009, a quantity of Methamphetamine up to 2 gms is termed as small quantity and a quantity of Methamphetamine above 50 gms is termed as commercial quantity.