In a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Jharkhand High Court refused to grant bail as the drug quantity was commercially significant under Section 37 of the Act.
Bail application for the applicant is hereby rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5057 of 2022
Muntajir Ansari @ Munna …… Petitioner
Versus The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mr. Satish Prasad, A.P.P ---------
03/Dated: 20th July, 2022
1. Heard learned counsel for the petitioner and learned A.P.P.
2. The applicant, who is in custody since 04.03.2022, has approached this Court for grant of regular bail in connection with Sisai P.S. Case No.27 of 2022, registered for the offence under Section 27(b)(ii) of the Drugs and Cosmetics Act and Section 21 (C) of the N.D.P.S Act.
3. It appears that the applicant has been made an accused for committing crime under the N.D.P.S. Act. The cough syrups have been seized from his possession on his pointing out. The seized quantity is commercial in nature.
4. Learned counsel for the applicant claims innocence of the applicant and it has been submitted that the applicant has no criminal antecedent. On the above facts, prayer for bail has been made.
5. On the other hand, learned A.P.P has opposed the prayer for bail.
6. Considering the mandate of Section 37 of the N.D.P.S Act, I am not inclined to enlarge the applicant on bail at this stage. Accordingly, the prayer for bail of the applicant is, hereby, rejected.
(Rajesh Kumar, J.)
Chandan/-
1 issue framed by the court
Whether the learned court can grant bail under Section 37 of the N.D.P.S. Act when the seized quantity is of commercial nature.
1 provisions across 1 enactments
Muntajir Ansari @ Munna
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
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