Court rejects bail, directs surrender under NDPS Act; emphasizes medical facilities in prison. Commercial quantity determined by entire weight.

The court dismissed the bail application under the NDPS Act, directing the petitioner to surrender within a week. Despite the petitioner's medical conditions, the court emphasized the availability of medical facilities in prison. Relying on legal precedents, the court rejected the petitioner's argument on commercial quantity determination, emphasizing the consideration of the entire weight of the seized substance. The decision was based on the seriousness of the offense and established legal principles regarding commercial quantity under the NDPS Act.

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Issues Involved:
1. Bail application under NDPS Act.
2. Commercial quantity determination.
3. Medical grounds for bail.
4. Previous bail cancellation and interim bail.
5. Legal precedents and statutory interpretation.

Detailed Analysis:

1. Bail Application under NDPS Act:
The petitioner, Accused No.2, was arrested and remanded for offences under Sections 8(c), 22(c), 27(A), 28, 29 of the NDPS Act, 1985, and related rules. The petitioner sought bail after being arrested on 29.04.2016. The prosecution alleged the recovery of 13,300 tablets of "Zol Fresh" containing "Zoipidem," a psychotropic substance, from a parcel service.

2. Commercial Quantity Determination:
The prosecution claimed that the total weight of Zoipidem was 2 kgs, classifying it as a commercial quantity under the NDPS Act. The petitioner argued that only 130 grams of Zoipidem were seized, which is below the commercial quantity threshold. The court referred to previous judgments, emphasizing that the entire weight of the seized substance should be considered, not just the active ingredient.

3. Medical Grounds for Bail:
The petitioner presented medical certificates indicating severe health conditions, including Chronic Pancreatitis and Type II Diabetes, arguing for bail on medical grounds. The court acknowledged the medical issues but noted that adequate medical facilities were available in the Central Prison.

4. Previous Bail Cancellation and Interim Bail:
Initially, the petitioner was granted bail on 05.08.2016, which was later canceled on 23.08.2016. Subsequently, interim bail was granted on 15.09.2017 based on medical grounds, and the petitioner was released for treatment. The court reiterated that the issue of commercial quantity had been previously decided, and the petitioner's health condition did not warrant bail.

5. Legal Precedents and Statutory Interpretation:
The petitioner’s counsel cited several judgments, including Narcotics Control Bureau vs. Kishan Lal and others, to argue against the commercial quantity classification. The court, however, referred to an unreported decision in Mohamed Ali vs. The State, which emphasized considering the entire weight of the seized substance. The court rejected the "isolation theory" of considering only the active ingredient's weight, aligning with the Supreme Court's stance in E. Michael Raj vs. Intelligence Officer, Narcotic Control Bureau.

Conclusion:
The court dismissed the bail application, directing the petitioner to surrender within a week and instructed the Central Prison Authorities to provide proper medical treatment. The decision was based on the gravity of the offence and the established legal position on determining commercial quantity under the NDPS Act.

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