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As per case facts, Pradeep Kumar, a Chowkidar, sought regular bail after being arrested for possessing 1.614 kg of charas (commercial quantity) from a room he occupied at a Forest
...Corporation Sales Depot. The police received secret information, searched the room, and found the charas. The petitioner argued the room wasn't officially allotted to him and he was falsely implicated. The prosecution countered that he was found in occupation and possession. The question arose whether the petitioner satisfied the twin conditions for bail under Section 37 of the NDPS Act, given the commercial quantity of contraband recovered, particularly regarding reasonable grounds to believe he is not guilty and not likely to commit further offenses on bail. Finally, the High Court found sufficient prima facie material that the petitioner was in conscious possession of a commercial quantity of charas. Citing Supreme Court precedents on Section 37 of the NDPS Act, the court determined that the petitioner failed to satisfy the twin conditions – that there are reasonable grounds to believe he is not guilty and not likely to commit a similar offense on bail. Therefore, the High Court dismissed the bail petition, reiterating that negation of bail is the rule for commercial quantity NDPS cases.
Bench
Applied Acts & Sections
Section 19
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 20
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 24
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 27A
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 37
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
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