2019 (10) TMI 1594 - HC - Indian Laws

Bail Granted: Applicant Released Despite Cannabis Exceeding Commercial Quantity Due to High Moisture Content.

The applicant's bail application under Section 439 of Cr.P.C for offences under Section 8/20 of the NDPS Act, 1985, was granted by the court. Although the ... Seeking grant of bail - commercial quantity of cannabis was seized from the possession of the applicant - reasons to believe - offence punishable u/s 8/20 of NDPS Act, 1985 - HELD THAT:- Considering the the fact that the seized substance was moisture laden, there is reason to believe that the 'actual' cannabis was lesser in weight as 21 Kg. 400 grms shown to be seized. This fact coupled with the fact that there was no criminal antecedents makes out the case for grant of bail to the applicant. Without expressing any opinion on merits of the case, the application for grant of bail filed on behalf of the applicant is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his appearance before the concerned trial court on all the dates as may be fixed in this behalf by the said court, during the pendency of the trial. Application allowed. The applicant filed a bail application under Section 439 of Cr.P.C for the offence under Section 8/20 of NDPS Act, 1985. The seized cannabis was found to be more than the commercial quantity. The court granted bail as the substance seized was moisture-laden, potentially reducing the actual weight of cannabis seized. The applicant was directed to furnish a personal bond of Rs.50,000 for release.