Criminal Procedure Code, 1973
Section 439—Bail—NDPS case—Recovery of Ganja from Mahindra Xylo Car—FIR registered under Section 20/25/29 of the NDPS Act—Prima facie, the prosecution has been consistent regarding the registration number, engine number and chassis number of the car seized and therefore the doubt raised merely on description of the car may not suffice to cross the threshold of Section 37 of NDPS Act rigour, besides these aspects have been taken note of and corrected in the charge-sheet—Also the substance was found to be “ganja” as per the field testing kit and therefore the issue of the FSL reports being filed later after the main charge-sheet is an aspect which would not simpliciter give right to default bail to the petitioner—Where a commercial quantity of contraband has been recovered from the possession of petitioner and has been established to be prohibited, the question of grant of bail at this stage may not arise, since the threshold of Section 37 of the Act annot be overcome basis the contentions of the petitioner—Bail declined.
[Paras 8 & 9]