JASPREET SINGH Vs. UT. OF J & K

JUDGEMENT

(1.) The present application has been filed by the petitioner seeking bail in a complaint filed by the respondent bearing Crime No. 1/2020 under sections 8, 21, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) pending before the Court of Ist Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court).

(2.) It is stated that the petitioner had earlier filed an application before the trial court for grant of bail, however, the learned trial court without appreciating the facts and circumstances of the case, dismissed the said application vide order dated 20.05.2021. It is further stated that as per the FSL report, the weight of codeine phosphate in each bottle is between 0.17% to 0.20%, so the petitioner cannot be prosecuted under NDPS Act. In the bail application, the main reliance has been placed on the decision of the Delhi High Court in Iqbal Singh vs. State.

(3.) Response stands filed by the respondent, in which besides narrating factual aspect of the case, the respondent has pleaded that as the Sr. No. 301 matter is being dealt under the provisions of NDPS Act, 1985, so the embargo contained under section 37 of NDPS Act is clearly applicable in the instant case as the commercial quantity of the codeine phosphate is 1000 ml. whereas, 4445 bottles of seized contraband is almost four times more than the commercial quantity, so the petitioner is not entitled to bail.