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(2023) Law Today Live Doc. Id. 17484
Decided on: 10.01.2023
For Petitioner(s):
Mr. Somesh Chandra Jha, AOR Mr. Rahul Narang, Adv. Mr. Tatsat Shukla, Adv.
For Respondent(s):
Ms. Ruchi Kohli, Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Intermediate quantity – Regular bail – Petitioner’ name not mentioned in the FIR which pertained to the recovery of 18.96 grams of mephedrone (value of Rs. 1.89 lakhs) from the co-accused -- During investigation, he was named as an accused based upon the statement of the co-accused and arrested – Petitioner in custody for eight months -- Petitioner deserves to be enlarged on bail and directed to be released on bail.
(Para 1-3)
ORDER
1. The petitioner is aggrieved by the order of the High Court declining him bail. His name was not mentioned in the FIR which pertained to the recovery of 18.96 grams of mephedrone (value of Rs. 1.89 lakhs) from the co-accused. During investigation, he was named as an accused based upon the statement of the co-accused and arrested. The records would indicate that he has been in custody for eight months. The trial court has, in the course of its orders recorded, that the quantity recovered i.e. 18.96 grams is not commercial but it is an intermediate quantity. In these circumstances, Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is inapplicable.
2. Having considered the submissions of the parties and also the record which reveals that the petitioner has been arrayed as an accused in the charge-sheet based upon the statement of the co-accused, this court is of the opinion that the petitioner deserves to be enlarged on bail.
3. The petitioner is directed to be released on bail subject to such terms and conditions that the trial court may impose including periodic reporting by him as may be deemed appropriate.
4. The Special Leave Petition is allowed in above terms.
5. Pending applications, if any, shall stand disposed of.
Order accordingly.
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