The quantity involved comes under the category of commercial quantity. Even though the learned counsel for the petitioner relies on the observations made by the Hon’ble Supreme Court in Mohd Muslim’s case (supra), I am of the view that the observations therein would not come to the rescue of the petitioner. It is observed by the Honourable Supreme Court in the said decision that, with respect to the rigour of section 37 of the Act, the standard to be considered is one where the court looks at the material in a broad manner and reasonably sees whether the accused’s guilt may be proved. It was further clarified by the Honourable Supreme Court that the courts are expected to record a prima facie satisfaction that the accused may not be guilty, based on reasonable reading, which does not call for a meticulous examination of the materials collected during the investigation. Another crucial aspect to be noticed is that, in the Mohd Muslim’s case (supra), the Honourable Supreme Court was considering a case in which the petitioner therein was under judicial detention for more than seven years, which is not the case before this court.
