110 Grams of Charas Falls Under Intermediate Quantity; Section 37 NDPS Act Not Applicable
SRINAGAR, AUGUST 18 :
The Jammu & Kashmir and Ladakh High Court has upheld the bail granted to an accused arrested in a case involving the alleged possession of 110 grams of charas, observing that a person accused of an offence cannot be kept behind bars indefinitely merely to teach him a lesson or set an example.
Justice Sanjay Dhar dismissed a petition filed by the Union Territory of Jammu & Kashmir challenging the bail order passed by the Special Judge, NDPS Cases, Srinagar.
The High Court noted that the recovered quantity of 110 grams of charas falls within the intermediate quantity under the NDPS Act. Consequently, the stringent bail restrictions contained in Section 37 of the NDPS Act were not attracted in the case.
The Court also took note of the fact that the investigation had been completed, the charge sheet had already been filed, and the accused had remained in custody for more than three months.
During the proceedings, the prosecution argued that the accused had been involved in an earlier FIR and could therefore be treated as a habitual offender. The High Court, however, rejected the contention, observing that the mere existence of another FIR does not, by itself, disentitle an accused from being granted bail.
The Court further observed that, keeping in view the quantity of contraband allegedly recovered, the accused appeared to be “more of a consumer than a drug trafficker”, and his case could not be placed on the same footing as that of a habitual drug trafficker.
Justice Dhar emphasised that while considering bail, the court is required to strike a balance between societal interests and the accused’s fundamental right to a fair trial.
The High Court held that the Special Judge had exercised judicial discretion properly while granting bail and found no ground to interfere with the order.
Accordingly, the High Court dismissed the UT administration’s petition filed under Section 528 of the BNSS, thereby allowing the bail order in favour of the accused to stand.(KNC)