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RAM KISHOR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Kishor v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11414 of 2007 [2007] RD-AH 10426 (5 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 45

Criminal Misc. Bail Application No. 11414 of 2007

Ram Kishor Versus  State of U.P.

Hon'ble V.K. Shukla, J.

The applicant, Ram Kishor, has approached this Court for grant of bail in case crime No. 336 of 2007, under Sections 8/20 of NDPS Act, Police Station Tajganj, District Agra.

Brief background of the case is that  on 10.05.2007, applicant had been apprehended by the police at about 10.15 A.M. and at the said point of time  150 gms. Charas was recovered from his possession.

Submission of the applicant is that he has been falsely implicated , and at no point of time Section 50 of the NDPS Act has been complied with, coupled with the fact that small quantity of Charas, which is sought to have been recovered, at no point of time, same was sent for chemical examination , and even if it is accepted that Charas in question has been recovered from the possession of the applicant, same is only 150 gms i.e. slightly excess from the  prescribed quantity under the Act, as such there is no occasion for detaining the applicant in jail.

Learned A.G.A., on the other hand, opposed the bail by contending that Section 50 of the Act has been complied with, and the article has been recovered from the possession of the applicant, which is above the prescribed small quantity, as such there is no occasion for the applicant's being released on bail.  

In exercise of the powers conferred by clauses (viia) and xxiiia) of Section 2 of the Narcotic Drugs and  Psychotropic Substances Act, 1985 (61 of 1985) and in supersession of Ministry of Finance Department of Revenue Notification S.O. 527 (E) dated 16th July, 1996, except as respects things done or omitted to be done before such supersession, the Central Government hereby specified the quantity mentioned in columns 5 and 6  of the Table below, in relation to the narcotic drug or psychotropic substance mentioned in the corresponding entry in columns 2 to 4 of the said Table, as the small quantity  and commercial quantity respectively for the purposes of the said clause of that section.

Sl. No.

Name of Narcotic Drugs and Psychotropic Substance (International non-propriety name (INN)

Other non propriety name

Chemical Name

Small Quantity (in gm.)

Commercial Quantity (in gm/kg.

                    1                               2                                  3                              4                            5                     6                 ______________________________________________________________  

23    Cannabis and           CHARAS, HASHISH       EXTRACTS and TINCTURES     100              1  Kg.

cannabis resin                                      OF CANNBIS

A bare perusal of the table would go to show that quantity of article  prescribed at item No. 23, which deals with Cannabis and cannabis resin,  Charas and Hashish, the small quantity which has been prescribed is 100 gms. and the commercial quantity is 1  Kg. Section 20 of the Act deals with punishment for contravention in relation to Cannabis plant and cannabis. For ready reference the said Section is being quoted below:

"20. Punishment for contravention in relation to Cannabis plant and cannabis. - Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder:-

(a)   cultivates any cannabis plant; or

(b) produces, manufactures, processes, sells, purchases, transports, imports inter-State,exports inter-State or uses cannabis,shall be punishable,-

(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and

(ii)  where such contravention relates to sub-clause (b),-

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

(B)   and involves quantity lesser than commercial quantity, but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;

(C )   and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years, but which may extend  to twenty years and shall also be liable  to fine which shall not be less than  one lakh rupees and which may extent to two lakh rupees:

   Provided that the Court may, for reasons to be recorded in the judgment impose a fine exceeding two lakh rupees."

As per the said provision, punishment for contravention in relation to Cannabis plant and cannabis has been provided for. When contravention relates to sub-clause (b), and involves small quantity, then rigorous imprisonment has been provided for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and in case where quantity which has been recovered, is lesser than commercial quantity, but greater than small quantity, then rigorous imprisonment has been provided for a term which may extend to ten years, and with fine which may extend to one lakh rupees, and in case where quantity recovered is equivalent to  commercial quantity, then punishment has been provided for imprisonment for a term which shall not be less than ten years, but which may extend  to twenty years and shall also be liable  to fine which shall not be less than  one lakh rupees and which may extent to two lakh rupees:

      Under Section 37 of the NDPS Act  every offence punishable under this Act has been declared to be cognizable and non-bailable. Under clause (b) of Section 37 a rider has been provided that no person accused of an offence punishable for a term of imprisonment of five years or more shall be released  on bail or on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release, and where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

        Here, in the present case 150 gm of Charas, which is more than small quantity of 100 gms. prescribed has been recovered. Thus, the applicant from his own showing  was in possession of 50 gm. extra quantity of Charas, and the punishment which has been provided for said contravention under Section 20, runs between ten years. In the present case for recovery small quantity of Charas i. e. 100 gms. Maximum punishment  is six months, since only 50 gm. extra Charas is alleged to have been recovered, the maximum punishment which can be imposed may not be more than 5 years, prima facie in the facts of the case.

          Seeing the way and manner in which recovery has been made, and the nature of the offence and the small extra quantity of Charas is alleged to have been recovered from the applicant, and that applicant has no criminal history, he is directed to be released on bail in case crime No.  336 of 2007, under Section 8/20 of the NDPS Act, Police Station Tajganj, District Agra, on his furnishing personal bond and two sureties, each in the like amount, to the satisfaction of the Court concerned.  

05.06.2007

SRY.                      


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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