ANIL DUTT JOSHI Vs. N.C.B

JUDGEMENT

(1.) Heard learned counsel for the petitioners through video conferencing as well as Spl. Public Prosecutor along with Intelligence Officer, present in person, at length.

(2.) Learned counsel for the petitioners stated that recovered quantity is 21.8 gram and commercial quantity is 20 gram therefore, recovered quantity is only 1.8 gram excessive from the commercial quantity. He further stated that contraband was recovered from the possession of two persons. Both the persons are brothers and partners and running a medical shop having authorized licence to sale and purchase of drugs. There are certain cases in which this Court has granted benefit of bail wherein quantity of contraband recovered is marginally higher than the commercial quantity. Accused-petitioners are behind the bar since 20.11.2020 and trial will take time, therefore, benefit of bail may be granted to the accused-petitioners.

(3.) Learned Spl. Public Prosecutor, Mr. M.R. Pareek along with Mr. Sunil Kumar, I.O., NCB, Jodhpur, present in person seriously opposed the bail application and stated that total 400 tablets were recovered from the possession of the accused-petitioners and 200 tablets were taken by Drug Inspector. After information of Drug Inspector, proceedings were initiated by Narcotic Control Bureau and remaining 200 tablets recovered by Narcotic Control Bureau. Total weight of 400 tablets is 43.6 gram which is more than just double to the commercial quantity. He further stated that important investigation is pending and 200 tablets initially recovered by Drug Inspector is also handed over to the Narcotic Control Bureau. In this regard, a letter dated 18.11.2020 sent to the Zonal Director of Narcotic Control Bureau by Drug Inspector, Jodhpur. He further stated that there is bar of Section 37 of the NDPS Act in case of commercial quantity, therefore, benefit of bail may not be granted to the accused-petitioners. Learned counsel for the petitioners has also relied upon the judgment of Supreme Court in case of Hira Singh and Ors. Vs. Union Of India (UOI) and Ors. : : AIR 2020 SC 325 passed in Criminal Appeal No.722/2017 decided on 22.04.2020 had held :-