NDPS Act | Know why Bombay High Court granted bail for commercial quantity of Tramadol
Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.
Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
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Bombay High Court: Sandeep K. Shinde, J., granted bail to a person from whom LSD drops of LSD solution and charas was recovered
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