Criminal Procedure Code, 1973
Section 439—Bail—NDPS Case—Principles/directives enunciated by Apex Court in 1994 (6) SCC 73 provides that if an under-trial is charged for an offence under the NDPS Act punishable and the trial is delayed and the accused has already undergone almost half of the sentence prescribed (or the minimum if there is a range provided) then he should be entitled for being released on bail subject to conditions—Offence for which petitioner is sought to be charged is for the 16 kg of ganja as per the charge-sheet—Recovery of 64 kg of ganja was from the boot and rear set of the car that did not belong to the petitioner—If 16 kg is considered then it is less than commercial quantity (which is prescribed to be 20 kg of ganja)—In any event for this the sentence, if convicted, would be for a period extending upto 10 years and fine which may be extended upto 1 lakh rupees—Even if large quantity, which is commercial, is attributed to him (recovery from the car), the minimum punishment for which the petitioner would be convicted in case found guilty, would be for 10 years and minimum fine of 1 lakh rupees—Petitioner has spent more than half period of the maximum (or in case of commercial quantity, a minimum) sentence of 10 years plus fine of 1 lakh rupees, and that the trial is expected to be prolonged and not conclude in near future—Principle enunciated by the Apex Court will directly apply to the facts in this case and would entitle the petitioner to bail subject to certain conditions—Bail granted. [Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 & 29]
[Paras 8.1 & 11]