The High Court of Jharkhand refused bail to a petitioner accused of possessing narcotic drugs under the NDPS Act, ruling that the seized quantity constituted commercial amount without evidence of innocence, and directed expeditious trial.
Prayer for bail rejected. Trial directed to be concluded within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
B.A. No.1676 of 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Md. Jamil Khan … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Mohit Prakash, Adv. For the State : Mr. Ravi Prakash, Spl. P.P.
02 /24.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Gumla P.S. Case No. 409 of 2020, corresponding to N.D.P.S. Case No.02 of 2021 registered under sections 27(b)(ii) of Drugs and Cosmetics Act, 1940 and Section 18(c)/21 (c) of NDPS Act, 1985.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was in illegal possession of twenty three bottles of Wincirex Cough Syrup each 100 ml containing codeine phosphate. It is submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner has been in custody for a considerable period of time. Hence it is submitted that the petitioner be released on bail.
Learned Spl. P.P. appearing for the State vehemently opposes the prayer for bail and drawing attention of this Court towards Sl.no. 239 (4) of the Table under Clause (viia) and (xxiiia) of sub clause 2 of N.D.P.S. Act, 1985, which reads as under:
“The quantities shown in column 5 and column 6 of the Table relating to the respective drugs shown in column 2 shall apply to the entire mixture or any solution or anyone or more narcotic drugs or psychotropic substances of that particular drug in dosage form or isomers, esters, ethers and salts of these drugs, including salts of esters, ethers and isomers, wherever existence of such substance is possible and not just its pure drug content. ”
submits that the quantity of the Codeine seized comes under the commercial quantity being 2.300 liters Wincirex Cough Syrup which is much more than commercial quantity for codeine as mentioned in
Sl.no. 28 of the said Table as the quantity seized under column 5 and 6 of the Table relating to the respective drugs shown in column 2 shall apply to the entire mixture or any solution, hence, the rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and in the absence of any material to suggest that the petitioner is not guilty of the allegations and that there is no chance of the petitioner being not involved in any offence while on bail, the petitioner ought not be released on bail.
Considering the serious nature of the allegation against the petitioner and the narcotic drugs which comes under commercial quantity; in the absence of material to suggest that the petitioner was not guilty of the offence alleged or that there is no chance of the petitioner of indulging in any offence, if released on bail, this Court is of the considered view that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected.
Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order in administrative side of this court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and the witnesses by examined by observing the precautions relating to COVID-19 pandemic.
Pappu/ (Anil Kumar Choudhary, J.)
2 issues framed by the court
Whether to grant bail to the petitioner accused of illegal possession of narcotic drugs in commercial quantities.
Whether the quantity of seized cough syrup falls under the commercial quantity threshold attracting Section 37 of the NDPS Act.
4 provisions across 2 enactments
Md. Jamil Khan
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
