Jai Singh vs NCT of Delhi

Badar Durrez Ahmed, J.—The learned Counsel for the petitioner submits that from the accused recovery of 16 kgs of poppy husk is alleged to have been made. He further submits that as per the prosecutions story a further recovery of 16 kgs has been made from the co-accused. The commercial quantity specified for poppy husk is 50 kgs. Even if the recovery of both the persons is taken together, then also it would be below the commercial quantity and, Therefore, according to the learned Counsel for the petitioner, Section 37 of NDPS Act would not be applicable. He further submits that there are no criminal antecedents of the present petitioner.

The learned Counsel for the same, while opposing the grant of bail, admitted that the petitioner did not have any antecedent criminal history. He says so on instructions from Mohinder Singh, ASI, PS Vasant Kunj, New Delhi.

Although the learned Counsel for the State submits that the quantity recovered is still a huge quantity, in view of the foregoing facts and circumstances and the fact that Section 37 of the NDPS Act is not attracted as also the fact that earlier, when the petitioner had been granted interim bail, he had not misused that facility, I direct that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the concerned Court.

This application stands disposed of.