Ker HC | NDPS Act: Bail application of accused may be allowed if he did not possess ‘commercial quantity’ of psychotropic substance

Kerala High Court: The Bench of N. Anil Kumar, J. allowed the bail application of a person accused of illegal possession of a psychotropic substance, on the ground that the quantity possessed by him was not ‘commercial quantity’ in terms of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Petitioner herein was accused of an offence under Section 22(b) of the NDPS Act. The prosecution allegation was that the petitioner was found in possession of 50 Nitrazepam tablets in contravention of the NDPS Act and Rules framed thereunder. He was arrested and produced before the Court on 12-03-2019 and had been in judicial custody since then.

Learned Public Prosecutor Mr D. Chandrasenan submitted that 50 Nitrazepam tablets, allegedly in possession of the petitioner, is not a commercial quantity as defined under the Act.

The Court noted that the commercial quantity of Nitrazepam, as prescribed under the table in NDPS Act at serial number 221 is 500 grams. There was nothing on record to show that the petitioner had any other criminal antecedents. Thus, it was opined that further detention of petitioner in judicial custody for investigation purpose was not required.

In view of the above, the petition was allowed, directing him to be released on bail on executing a bond of Rs 50,000.[Ashkar v. State of Kerala, 2019 SCC OnLine Ker 1406, Order dated 03-05-2019]

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