Code of Criminal Procedure, 1973: s.439 – Bail application rejected by Session Judge applying the provisions of s.37 of the NDPS Act 1985and stating that as a total seizure ‘from all accused’ was 12 gms cocaine, 55 gm Ganja, 11.5 gms ecstasy tablets and 10 gms MDMA, no bail could be given to the appellant in present case – High Court also rejected bail – On appeal, held: The residence of the appellant was searched pursuant to statement made by one ‘BKR’ – Pursuant to search made of the appellant’s premises, no drugs at all were found – The entirety of the case of the appellant was based upon the statement made by ‘BKR’ and the case diary and at the highest, it could possibly be said that the appellant consumed certain drugs at parties – Appellant was arrested also on a conspiracy charge, which the High Court itself found to be tenuous, saying that the said charge has to be proved at the trial – Chargesheet was not yet filed – s.37 was wrongly invoked and resultantly bail must ensue – Bail granted – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37.
Disposing of the appeals and writ petition, the Court HELD: Though the appellant was charged with offences under Section 21, 21(c), 27A, 27(b) and 29 of the NDPS Act, prima facie, if at all any offence has been made out, it could only be under Section 27, being the offence of consuming drugs at parties, for which the maximum sentence for consumption of certain drugs under Section 27(a) is one year, and under Section 27(b) is six months. This being the case, Section 37 was wrongly invoked by both the Additional Sessions Judge and by the High Court. [Paras 8, 9][268-B-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.