NDPS commercial quantity rules on ketamine hydrochloride supported refusal of bail after prior rejection and no changed circumstances.

Ketamine hydrochloride was treated as a scheduled psychotropic substance after its inclusion by G.S.R. 311(E) dated 10 February 2011, and the notified commercial quantity threshold was 500 grams. On the stated facts, the seizure of 975 grams brought the case within the commercial quantity restrictions under the NDPS Act, which weighed against bail. As earlier bail applications had already been rejected on the same basis and no change in circumstances was shown, no different view was taken and bail was declined.

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Issues: Whether the petitioners were entitled to bail in view of the seizure of ketamine hydrochloride and the applicability of the NDPS Act restrictions on commercial quantity.

Analysis: The seized substance was found to be ketamine hydrochloride and the quantity was 975 grams, valued at Rs.9,75,000/-. The material on record showed that ketamine had been brought within the notified category of scheduled psychotropic substance by G.S.R.311(E) dated 10th February, 2011, and that 500 grams and above constituted commercial quantity. Since the earlier bail applications had already been rejected on that basis, and no change of circumstances was shown, there was no ground to take a different view.

Conclusion: Bail was not warranted and the applications were dismissed.

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