TaxTMI 
TaxTMI 
2024 (10) TMI 315
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....c Substances Act, 1985 (hereinafter referred to as "NDPS Act, 1985") at Police Station Badarpur, Delhi. 2. Briefly stated, on 19.04.2023, on the basis of secret information at about 02:30 P.M., the petitioner/Ravina and co-accused Hari Ram were apprehended while she was travelling as a pillion rider on a Honda Scooty driven by the co-accused. On the search of black colour backpack which the petitioner/Ravina was carrying, 23.465 kg of Ganja was recovered, while 4.0 kg of Ganja was recovered from the black coloured backpack of coaccused/Hari Ram. 3. The IO obtained 4 days custody/ remand of the Petitioner/ accused on 24.04.2023. On completion of investigations, the Chargesheet has been filed in the Court. 4. The FIR no. 146/2023 under Sec....
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.... The petitioner has submitted that she is a law abiding citizen who has clean antecedents and she belongs to a respectable family with deep roots in the society. Furthermore, all the witnesses are police officials and there is not even single public witness which puts the authenticity of seizure of alleged contraband material, under cloud. The alleged case property i.e. the contraband material is already seized and is not likely to be tampered. Also, there is no possibility of the applicant tampering with the witnesses and the evidence. Moreover, there is no possibility of the applicant committing the same offence while on bail as she has clean previous records. Thus, the requirements of Section 37 b (ii) of the NDPS Act stands satisfied fo....
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.... granted to the petitioner, there is likelihood of the petitioner indulging in the same offence and even jumping the bail. 11. Therefore, the present petition has been opposed on behalf of the State. 12. Submissions heard and judgments perused. 13. The case of the prosecution is that allegedly total 28 kg of Ganja, (23.456 Kg from the Petitioner and 4.015 Kg from the co-accused Hari Ram), was recovered, which was placed in white colour plastic sacks, marked as A & B and sent for forensic examination. 14. Though it is not in dispute that Ganja was recovered, the petitioner has taken a specific plea that the recovered quantity of 23.456 kg Ganja included the leaves and stalks/ stems which does not fall in the definition of contraband mate....
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....erlap between Category A and Category B constituting the heterogenous mixtures which include both the flowering tops and fruiting buds, along with the stems/ leaves and seed. 21. From the framework of the entire NDPS Act and a reading of S. 2 (iii)(b), it emerges that if the material seized is a heterogenous mixture/Category C, constituting of Category A mixed with Category B, the placebo material such as stalks/leaves/stems (Category B) would not constitute an actual part of the drug and only the actual content and weight of the narcotic drug (Category A) would be relevant for determining whether it would constitute small quantity or commercial quantity. 22. Similar observations have been made in the cases of Kunal Dattu Kadu (Supra) and....
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....ght of actual Ganja recovered is a matter of trial. 27. It has been consistently held that if there is a prima facie discrepancy in what was seized and what was analysed and weighed and there are reasonable grounds to believe that the petitioner is not guilty of offences dealing in commercial quantity. Consequently, the rigors of Section 37 of the NDPS Act, 1985 for grant of regular bail, would not become applicable as has been held in the case of Ibrahim Khwaja Miya Sayyed (Supra). 28. In the case of Suresh Kumar (Supra), the Coordinate Bench of this Court gave benefit to the accused under Section 20 (b) (C) to 20 (b)(ii)(B) by observing that the weight of the contraband was not precise and the actual quantity of Ganja seized could not b....