Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 29, 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity -- Rigors of Section 37 of the NDPS Act – Regular  bail -- Petitioner in custody since 21.05.2022 and only 03 out of 17 prosecution witnesses has been examined so far -- He is also a first-time offender with no other case registered against him -- In this situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the case of the petitioner can be considered for the grant of bail – Bail allowed.

(Para 8-11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case – Acquittal – Independent witness – Exclusive possession -- No evidence to establish that the alleged place of recovery i.e. room where a motor was situated, was under exclusive possession, usage, or ownership of the appellant – No explanation from police officials regarding the absence of independent witnesses during the operation -- No efforts were made to establish a direct connection between the appellant and the recovered contraband material – Reasonable doubt created about the genuineness of the recovery – Appellant acquitted.

(Para 9-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29, 31 – Indian Evidence Act, 1872 (1 of 1872), Section 30 -- NDPS case – Acquittal – Leave to appeal – Confession/ Disclosure of co-accused -- Prosecution failed to prove beyond reasonable doubt that the money allegedly recovered from the possession of respondent-accused i.e. Rs.7,500/- had been derived from the sale of narcotics -- Confession made by one accused cannot serve as a substantive piece of evidence against a co-accused -- Its admissibility is limited only for corroborative purposes -- Acquittal order, upheld.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 25, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS Case – Commercial quantity – Regular bail -- Circumstances raises a finger of serious doubts for date and time of taking the petitioner into actual custody by the police, he was actually abducted from Delhi one day prior to showing his date of arrest, have come on record which needs to be examined by leading evidence before the trial Court – Petitioner has already incarcerated for a period of 01 year 05 months and 29 days in custody -- Petitioner not involved in any other offence -- Trial is bound to take long time -- Petitioner cannot be detained behind bars for an indefinite period -- Article 21 of the Constitution provides for a right to speedy trial even to an accused -- Judicial precedent is also to be borne in mind that “bail is a rule” and “jail is an exception” – Bail allowed.

(Para 16, 17)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Default bail -- Extension of time for investigation for another 180 days – Report of Public prosecutor – Requirement of -- Application for extension reveals that it was prepared by the Investigating Officer and forwarded by the Public Prosecutor, with no report submitted by the Public Prosecutor as per the mandate of Section 36A(4) of the NDPS Act -- Held, there has thus, been a failure to adhere to the requirements outlined in section 36A(4) of the NDPS Act -- Order of the trial Court granting extension of time to the investigating agency for completing investigation was erroneous -- Consequently, the impugned order set aside -- As a sequel to the above, since the investigation remained incomplete on the day application u/s 167(2) of the Cr.P.C. was filed by the petitioner, he deserves to be enlarged on default bail – Default bail allowed.

(Para 11-14)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8(c), 20(b)(ii)(c), 25 and 29(1) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- No effective steps taken to conclude the trial -- Petitioner was arrested on 11.03.2022 and is in custody since then -- Bail declined, the Special Judge directed to make an endeavour to conclude the trial expeditiously and preferably within six months.

(Para 5, 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 18, 29, 67 – NDPS Case – Acquittal -- Confessional statement – Reliance upon -- Witnesses turned hostile, appellant was convicted and sentenced by taking recourse to Section 67 of the NDPS Act – Impugned order set aside, appellant acquitted of all the charges. Balwinder Singh (Binda)’s case (2023) SCC OnLine SC 1213 relied.

(Para 1-3)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 (c), 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – High Court rejected the bail – Appellant   in custody for approximately 1 year 9 months -- Charge-sheet filed on 18.7.2022, additional charge-sheet has to be filed and 20 witnesses are to be examined in the trial -- In the earlier case the petitioner acquitted, as he is a trader dealing in medical products – Bail allowed.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(a), 22 -- NDPS case – Recovery of unbranded loose capsules -- Out of 1130 capsules, two samples of 10 capsules each were separated and therefrom only one sample was sent to FSL -- As per report of FSL, 648 mg of “Dextropropoxyphene Napsylate”, was found in each capsule -- Entire recovery could not have been presumed to have contained the salt of “Dextropropoxyphene Napsylate” -- Ld. Special judge convicted the respondent/ accused for sentence already undergone of 06 months & 02 days besides imposition of fine of Rs.3000/- and in case of default, RI for 15 days -- No illegality or perversity – Appeal dismissed.

(Para 7-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 91 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 18, 25, 29 -- NDPS case -- Summoning of call details -- High Court directed all Courts in the State of Rajasthan that whenever an application is moved to summon the Call-details by the accused during the criminal proceedings, the same shall not be deferred and will be decided forthwith -- Accused cannot invoke and would not have right to invoke Section 91 Cr.P.C. at the stage of framing of charge -- Impugned order set aside.

(Para 2, 7, 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985),  Section 20 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- NDPS Case – Appeal against acquittal – Discrepancies in sample -- Investigating Officer had taken a homogeneous sample of 100 grams out of the entire bulk -- Two separate parcels of the sample and remaining bulk were prepared and sealed -- Parcel containing of 100 grams Charas (homogeneous sample) was never sent to SFSL, report Ext. PX verifies the fact that only one parcel containing 7.900 Kgs. of Charas was received in the Laboratory – Three seal impressions were broken and the fourth though partially broken was also not legible -- Doubts created in the prosecution story by the gaps found therein -- In appeal against acquittal the appellate court cannot substitute its view with the view taken by learned trial court unless such view is illegal and perverse -- No ground to interfere with the impugned judgment – Appeal dismissed.

(Para 16-25)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 53A(2) – NDPS Case – Acquittal – Seal used in another FIR -- Whereas case seal ‘DJ’ was not in possession of police but was stated to have been handed over to independent witness PW-4  -- Ld. Special Judge has rightly concluded that seal impression ‘DJ’ never changed hands and it had not been handed over to witness after its use -- Once that be so, the entire case of the prosecution becomes suspect and obviously the respondent has to be given the benefit of doubt as has been given by the learned Special Judge – Acquittal order upheld.

(Para 24, 31-34)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Independent witness -- Material contradictions in the statements of the police officials regarding setting up of ‘naka’, chasing of the vehicle of the respondents and arrest -- These contradictions assume greater importance and significance when no independent witnesses, though available, have been associated at the time of the alleged recovery -- Appeal dismissed.

(Para 26-29, 37)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Accused fled away -- If the respondents had fled away from the spot where ‘naka’ had been laid, then Court see no reason why the police party should not have chased the vehicle of the respondents till the time they were not actually apprehended and why the police party simply stopped, where respondent No.2 is alleged to have thrown jute sack containing poppy straw -- Every reasonable police personnel would have continued chasing the respondents until apprehended – It makes the entire prosecution case unreliable and highly doubtful -- Appeal dismissed.

(Para 29, 37)

C. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Facsimile of seal -- Exhibit PX is the report of the Laboratory wherein it is mentioned that the seals on the gunny bag parcel were tallied with the seal impression sent by the SHO on form NCB-1 i.e. Ext. PW16/A -- However, a perusal of Ext. PW16/A shows that facsimile of seal ‘A’ affixed on this form is not at all clear or legible -- This assumes importance because it has not at all been mentioned in the report that the seals on the gunny bag were compared with the sample seals or the sample seals were deposited in the laboratory along with the case property – Ld. Special Judge rightly observed, it cannot be said with certainty that the case property which was examined in the laboratory was the same which was allegedly recovered from the respondents -- Appeal dismissed.

(Para 32-34, 37)

D. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- NDPS Case – Appeal against acquittal -- Recovery of 15 Kg 600 grams of poppy straw – Non-examination of car -- Specific case of the prosecution that some dust of ‘Chura Post’ was lying on the rear seat of the car which car was then taken possession of by the police -- If that be so, then why photographs of the ‘Chura Post’ that was stated to be lying on the rear seat of the car were not taken and, above all, why the so-called dust of ‘Chura Post’ was not sent for chemical analysis, is not at all forthcoming – Held, there is no material on record which may remotely suggest that the respondents had kept the jute bag containing ‘Chura Post’ on the backseat of the car and thereafter had thrown the same, as alleged by the prosecution – Appeal dismissed.

(Para 35-37)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail -- Petitioner was found in possession of an intermediate quantity of heroin and a small quantity of Charas, hence, rigours of Section 37 of the NDPS Act do not apply -- Petitioner was selling narcotics to various persons -- Statement of any purchaser was not recorded to show that he had purchased the narcotic from the petitioner -- Version that the petitioner is a Drug Peddler is not acceptable -- Petitioner in custody since 19.10.2023 -- Result of analysis is awaited, challan is not likely to be filed soon and the trial of the case will take some time -- Petitioner was found involved in NDPS Act for the first time and he deserves a chance to reform himself -- Continued detention of the petitioner in custody will make the chance of reformation bleak as he will come in contact with the hardened criminals – Bail allowed.

(Para 11-16)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Disclosure statement -- Petitioner cannot be detained in custody based on a statement made by the co-accused and the call details as these do not constitute a legally admissible piece of evidence -- Petitioner ordered to be released on bail.

(Para 16, 17)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case -- Independent witness -- Association of independent witness is not the requirement of law -- Conviction can be recorded on the basis of statement of police witnesses only, provided their statements inspire confidence and are consistent with the hypothesis suggested against the accused.

(Para 22)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case – Acquittal -- Material contradictions in the statements of spot witnesses -- Statement of investigating officer, clearly appears that either he was not on the spot or he had manipulated the records with some ulterior motives -- His entire version is quite contrary to the prosecution story – A serious doubt has been created and it is cardinal principle of criminal jurisprudence that every doubt in prosecution story has to benefit the cause of accused -- In such circumstances the omission of the Investigating Officer to associate independent witness also assumes significance – Appellant acquitted.

(Para 29-35)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case -- Commercial quantity – Regular bail -- Alleged recovery of charas was 3.428 kgs -- Since only two samples of 26 grams each were sent to chemical examination that too without making the entire bulk homogenous, recovery, if any, from the bail petitioner can be said to be only of 52 grams, which is a small quantity -- Rigours of Section 37 of the Act not attracted – Bail allowed.

(Para 8-17)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity -- Regular bail – Recovery of 2400 tablets of ‘Parvion Spas’ -- Petitioner in custody since 28.07.2021 -- Trial is unlikely to conclude in the near future -- Court deemed it appropriate to allow the petition by dispensing with the conditions of Section 37 of the NDPS Act – Bail allowed.

(Para 3, 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- NDPS case -- Jump of bail – Wrong date noted by clerk of counsel --  Petitioner directed to surrender before the Special Court within a period of 10 days and on his appearance, he shall be admitted to bail on his furnishing bail bonds and surety bonds subject to the satisfaction of the concerned Court.

(Para 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 29, 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Commercial quantity – Regular bail -- Petitioner in custody for the last 01 year, 03 months and 29 days involved in two more cases u/s 22(c) and 29 of the NDPS Act and u/s 325, 323, 34 of IPC – Petitioner was nominated only on the basis of disclosure statement -- Charges were framed on 04.09.2023 and out of 19 witnesses none has been examined so far, thus trial is likely to take time to conclude – Held, no purpose shall be served by keeping the petitioner detained -- Though recovered quantity falls in the commercial category, but the rigor of Section 37 of the NDPS Act is required to be balanced with Article 21 of the Constitution of India – Petitioner ordered to be released on regular bail.

(Para 6-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 -- NDPS case – Regular bail – Recovery of 2.5 kg. of opium -- Considering the fact that the recovered quantity of contraband falls in the non-commercial category and that petitioner is in custody for the last more than 05 months, petitioner admitted to bail.

(Para 2, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case -- Default bail -- Extension of time – Time sought for collecting FSL report -- Two essential ingredients i.e. first,  the report of the Public Prosecutor suggests or indicates regarding the progress of the investigation and the second condition sine qua non is that specific reasons for the detention of the accused beyond the period of 180 days -- These two conditions are co-existent -- Non-satisfaction of even one condition will not give any entitlement to the prosecution for seeking an extension of 180 days -- Nothing stated in the report pertaining to progress of the investigation nor any reason has been given seeking detention of the accused -- Grant of bail under Section 167(2) Cr.P.C is a statutory and indefeasible right -- Petitioner ordered to be released on default bail.

(Para 10-15)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 25, 29 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of  India, Article 21 -- NDPS Case – Regular bail -- Recovery of 260 grams of heroin -- Marginally over and above the commercial quantity i.e., 250 grams and both the accused-petitioners were found travelling in car belongs to the other co-accused granted anticipatory bail – Petitioner in custody for 1 year, 2 months and 24 days --  After framing of charges no single prosecution witness has been examined by the prosecution, despite lapse of 6 months -- Examination of 10 prosecution witnesses is rightly to take long time -- Article 21 of the Constitution of India and the said Article also provides the right for speedy trial and otherwise also bail is a rule and jail is an exception -- Pendency of other FIRs involving the accused-petitioners cannot be a predicament to consider the case for regular bail – Bail allowed.

(Para 8-11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 52A, 53, 57 -- NDPS Case – Acquittal -- Sample of contraband/ narcotic substance – Presence/ Certification by Magistrate – Requirement of -- No evidence on record to the effect that the procedure prescribed under sub-sections (2), (3) and (4) of Section 52A of the NDPS Act was followed -- In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial -- Trial as a whole stands vitiated – Held, failure of the concerned authorities to lead primary evidence vitiates the conviction – Conviction and sentence/ fine set aside – Appeal allowed.

(Para 12-19)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) -- NDPS case – Challan without FSL – Default bail – Recovery of 154 Kgs of Ganja Patti -- As the challan had been filed without the FSL report, the petitioner would be entitled to be released on default bail in terms of Section 167(2) Cr.P.C -- Petition allowed.

(Para 11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 91, 92, 482 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 29, 61, 85 -- NDPS case – Procuring Tower location and call details of mobile -- Prosecution alleges the apprehension of the petitioner on 10.10.2021, whereas petitioner contends that he had been arrested on 09.10.2021 at about 8 PM -- Prosecution alleges that petitioner had been arrested from main highway Rajpura, Sirhind; whereas petitioner contends that he was abducted by the police from near his house at Delhi -- Direction given that tower location and call details of the mobile of the petitioner be preserved for the period 09.10.2021 to 11.10.2021 and the same be produced in the Court and the copy thereof be also provided to the petitioner.

(Para 7-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 17 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular  bail – Recovery of 1.5 kg of opium -- Custody 3 months and 3 days -- Petitioner on interim bail since 29.09.2022, not misused the liberty granted; not involved in any other case under NDPS Act; challan was presented on 20.08.2022, however, charges have not yet been framed and in all there are 16 witnesses -- Trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose -- Regular bail allowed.

(Para 2, 6, 7)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 25, 35 – NDPS case – Transportation of poppy husk -- Punishment for allowing vehicle -- Presumption of culpable mental state -- Crucial words used in section 25 are “knowingly permits it to be used for the commission of the offense by any other persons.” -- Intent of Section 25 and Section 35 is parametria the same but carves a special role upon the investigation while proving an offense u/s 25 of the NDPS Act because of the usage of the word “knowingly.” -- Thus, the presumption u/s 35 of the NDPS Act is similar to the intent of Section 25 of the NDPS Act, and as such, Section 35 of the NDPS Act would not dilute the burden that the Legislature had put upon the investigator in section 25 of the NDPS Act – Held, presumption u/s 35 of the NDPS Act would not apply in the case u/s 25 of the NDPS Act if there is not even an iota of evidence regarding knowingly permitting the usage of the things mentioned in Section 35 of the NDPS Act for the commission of the offence.

(Para 13)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 25, 35 – NDPS case – Transportation of poppy husk – No evidence that the appellant knew about the other two convicts transporting the poppy husk in his tractor trolly or that he had permitted them to do so for this purpose -- Essential requirements to prove knowledge are missing -- Impugned judgment convicting the appellant u/s 25 of the NDPS Act is not in consonance with the law -- Appeal allowed, appellant acquitted.

(Para 14)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 50 – NDPS case -- Offer u/s 50 of the NDPS Act -- Independent witness did not support the case of the prosecution -- As per Section 50 of the NDPS Act, option required to be given was that he has a right to be searched in the presence of a Magistrate or a Gazetted Officer; whereas the option which was given to him was that whether the accused opted to be searched before a Gazetted Officer or a Civil Gazetted Officer or before him – Word ‘Magistrate’ was missing from the notice -- Mandatory provisions of Section 50 of the NDPS Act were not complied with, which goes to the root of the case and no conviction can be based on such a defective option – Impugned judgment of conviction and sentence cannot be upheld -- Appeal allowed, bail bonds discharged.

(Para 9, 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 22, 25, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Petitioner has undergone more than 04 years of custody -- No contraband has been recovered from him coupled with the fact that no other material except the disclosure statement of the co-accused has been brought to the notice of this Court so as to connect the petitioner with the allegation alleged in the FIR, the petitioner has made out a case for the grant of regular bail.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 2 (xxiii-a), 2 (vii-a), 8, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case -- Regular bail – Recovery of 795 grams of charas from the petitioner – Petitioner is in custody since 26.04.2023 -- As per Table prepared u/s 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 100 grams of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23) – There is no reason to keep the applicant behind the bars for an indefinite period --  Bail allowed.

(Para 2-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail -- Recovery of 41.26 grms. of Heroin on secret information -- As per the pleadings it is a case of false implication and the petitioner was forcibly picked up in a private vehicle by Crime Branch and thereafter implicated in the present case – Recovery from the petitioner is of non-commercial quantity and he is in custody since 07.04.2023, challan stands presented qua the petitioner -- Conclusion of trial is likely to take time, no useful purpose would be served by depriving the personal liberty of the petitioner – Bail granted.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 27-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Regular bail – Jump of bail – Recovery of 6 gram of smack – Though the conduct of the petitioner having misused the concession of bail twice does not merit any relief -- However, keeping in view the peculiar facts and circumstances of the case and the fact that the petitioner has suffered incarceration of more than 1 year, 2 months and 18 days and no other case is pending against him as on date under the NDPS Act -- Petitioner ordered to be released on bail with conditions.

(Para 1-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 25, 29 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 13 -- Indian Penal Code, 1860 (45 of 1860), Section 465, 467, 468, 471, 120-B – Regular bail on parity – More FIRs pending – Effect of -- State opposes the prayer for grant of bail and submits that petitioner is involved in number of FIRs -- However, State is not in a position to distinguish the case of the petitioner qua the co-accused so far as grant of bail is concerned – Without commenting on the merits of the case, on the basis of parity of petitioner vis-a-vis co-accused, the petitioner granted bail.

(Para 5)

Constitution of India, Article 22(5), 226 – Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), Section 3, 4 -- Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 13 -- Quashing of detention order -- Non supply of the dossier to the detenu – Legality of -- Detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act, 1978, unless and until the material on which detention order is based, is supplied to him – Failure on part of detaining authority to supply material, relied at the time of making detention order to detenu, renders detention order illegal and unsustainable – Petition allowed, Jail Superintendent directed to release the detenu forthwith.

(Para 4-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 22, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case -- Interim bail – Marriage of petitioner -- Marriage fixed for 16.06.2023 & 17.06.2023, the petition allowed on humanitarian grounds and the petitioner is ordered to be released on interim bail on his furnishing personal bond to the tune of Rs. 10,00,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent w.e.f. 14.06.2023 to 23.06.2023.

(Para 1, 4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 25, 29, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS case – Regular bail – Commercial quantity – Rigour of Section 37 of NDPS Act – Speedy trial -- Petitioner in custody since 1.6.2021 -- Trial is not likely to conclude within short time -- Indisputably, accused has constitutional right for speedy trial -- Weighed against such constitutional right, it cannot be said that the rigors of Section 37 of the Act can have efficacy in perpetuate and more particularly in case where trial is not concluded within a reasonable period -- Nothing on record to suggest that the delay in trial has been caused for any reason attributable to the petitioner – Petition allowed, petitioner ordered to be release on bail.

(Para 6-9, 17)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case – Anticipatory bail – Cultivation of 278 plants of cannabis –Demarcation got conducted, which reveals that concerned khasra number though was in possession of accused, but was under co-ownership of several individuals – Custodial interrogation of accused not required by the Investigating Agency – Anticipatory bail granted.

(Para 3-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- NDPS case – Interim regular bail -- Marriage of daughter – Petitioner allowed to attend the marriage of his daughter only for 01 day in police custody.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c) -- NDPS Case – Acquittal – FSL Report – Case property travelled in an untampered condition to the FSL -- However, the chemical examiner at the FSL after making examinations of the stuff inside the sealed cloth parcels, omits to mention in the report Ex.PW-1/J, about his re-enclosing the examined stuff inside the cloth parcels and affix the seals of the FSL – It was required to be mandatorily done -- Primary evidence for proving the charge drawn against the accused come under a cloud of deep suspicion -- Charge drawn against the accused did not come to be cogently established – Appeal allowed, judgment of conviction and sentence set aside, appellant acquitted of the charge.

(Para 13-19)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 20, 27A, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Recovery of 10 quintals, 37 Kgs of poppy husk and 34 Kgs of Ganja from co-accused -- Petitioner in custody for the last 10 months and 17 days, although he was involved in one more case, i.e. under Section 174-A IPC, in which he has already been sentenced for the period already undergone by him – Having regard to the fact that no recovery was effected from the petitioner and his name emerged on the basis of disclosure statement only, petitioner admitted to bail and ordered to be released on bail.

(Para 4, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS case – Commercial quantity -- Regular  bail – Fair trial – Recovery of 2Kg 45 grams of ‘Cannabis’ -- Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of the ND&PS Act in perpetuity -- Petitioner is in custody since 18.12.2021 and the facts suggest that the trial is not likely to be concluded in near future -- Nothing on record to suggest that delay in trial is attributable to the petitioner -- Bail petition allowed and petitioner is ordered to be released on bail.

(Para 2, 8, 17, 18)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 25, 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 – NDPS Case -- Statutory/ Default bail  -- Accused gets an indefeasible right to the grant of bail on account of the default by the Investigating Agency in not presenting the report under Section 173 Cr.P.C. within the stipulated period -- Application for extension to file report u/s 173 Cr.P.C. was allowed and an extension of 90 days was granted, however in the revision said order set aside – Held, once High Court has held that the grant of extension of 90 days in presentation of the challan itself is bad in the eyes of law, the further detention of the petitioners would be in violation of Section 167(2) Cr.P.C. read with Section 36A (4) of the NDPS Act -- Petitioner ordered to be released on bail.

(Para 11, 12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b)(ii)(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused/ appellant.

(Para 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22, 61, 85, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS case – Commercial quantity – Regular bail -- 500 bottles of Siorex Syrup recovered from rear set of car -- Petitioner in custody from the last 02 years -- None of the 14 prosecution witnesses have been examined so far -- Petitioner is also a first-time offender with no other case registered against him under the NDPS Act -- In such a situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the petitioner can be granted the concession of bail – Bail allowed.

(Para 1, 2, 7-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- NDPS case – Non-deposit of case property in judicial malkhana – Acquittal -- Case property produced before the Magistrate, direction given to deposit in Judicial Malkhana but it was never deposited, it remained in the Police Station -- Non-deposit in the judicial malkhana was sought to be explained by stating that there was no space – No statement of Incharge of judicial malkhana ever recorded -- No application was presented before the Magistrate to modify the direction – Accordingly, the appeal is allowed and the judgment of conviction and order of sentence set aside -- Appellant acquitted.

(Para 30-36)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 50 -- NDPS Case – Acquittal – Non-compliance of Section 50 of NDPS Act – It is not the case of the prosecution that polythene from which the police party recovered the contraband was already thrown away by the appellant but it was in the hand of the appellant -- Thus, compliance of Section 50 of NDPS Act is imperative in nature, which had not been made – Recovery of 10 grams heroin, which is non-commercial quantity -- Nothing on record to show that the appellant has any criminal antecedents -- Police party did not join any independent witness -- Held, prosecution has failed to prove its case beyond the reasonable doubt as the compliance of provisions of Section 50 of NDPS Act has not been made in this case -- Appeal allowed -- Impugned order convicting and sentencing the appellant set aside and the appellant is acquitted.

(Para 9, 10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS case – Commercial quantity – Regular bail -- Can the provision of Section 37 of the Act, be construed to have same efficacy throughout the pendency of trial, notwithstanding, the period of custody of the accused -- Held, the Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of ND&Ps Act in perpetuity -- Petitioner is in custody since 24.02.2021 and the facts suggest that the trial is not likely to be concluded in near future -- Co-accused has already been released on bail – Bail petition allowed.

(Para 7-18)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 2(iii)(b) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Ganja seeds for plantation – Regular  bail -- Petitioner in custody since 20.05.2022 – Materials on record show that the petitioner has supplied Ganja seed for cultivation -- As per the definition of Ganja in Section 2(iii)(b) of the NDPS Act, 1985, it is not a banned contraband -- No specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation – Charge-sheet already filed -- Petitioner ordered to be released on bail.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(C) – Constitution of India, Article 21 -- NDPS case – Regular bail – Commercial quantity – Petitioner in custody since 22.01.2021 and none of the 15 PWs have been examined till date -- Therefore, the provisions of Section 37 of the NDPS Act can be diluted in view of Article 21 of the Constitution of India which provides for a right to speedy Trial and the petitioner can be granted the concession of bail – Petitioner ordered to be released on bail.

(Para 7, 8)