NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

·  Narcotic Drugs and Psychotropic Substances Act, 1985 – Weight Adjustment due to Drying :

• interpretation of “commercial quantity” under the NDPS Act, specifically Section 2 (viia) read with the notification S.O. No. 1055 (E). Initially, the seized ‘Charas’ weighed 1 kg and 10 grams, classified as a commercial quantity. However, after 59 days, the weight reduced to 1 kg, falling into the category of an intermediate quantity, attributed to drying.
• The court decided that the rigours of Section 37 of the NDPS Act, which pertains to stringent conditions for bail in cases involving commercial quantities, would not apply in this scenario.
• Weight recorded during inventory before the Magistrate considered, compliant with Section 52A, considering the personal liberty of the applicant.

·  Bail Consideration for Multiple Accused:

• The first accused was found in possession of 1 kg and 10 grams, and the second accused with 1 kg and 15 grams of Charas. Together, they possessed 2 kg and 25 grams, a commercial quantity under the NDPS Act.
• Despite the joint possession of a commercial quantity, the court decided to consider their bail applications separately. This was due to the lack of evidence indicating that the accused were acting jointly or in connivance with each other.

(2023-4)212 PLR 012

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