Section 37 NDPS Act embargo does not apply where recovered charas is below commercial quantity.

The applicant, Rajat Kumar, was in judicial custody in connection with FIR/Case Crime No. 0074 of 2026, registered at Police Station Muni-Ki-Reti, District Tehri Garhwal, under Sections 8/20 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

The prosecution alleged that, during routine checking on 30 June 2026, the applicant and a co-accused were intercepted while travelling on a motorcycle. A black backpack allegedly carried by the co-accused was searched, resulting in the recovery of a rod-shaped substance wrapped in black polythene, stated to be 940 grams of charas.

The applicant denied involvement and claimed that he had merely accompanied the co-accused to visit a fair/viewpoint and was falsely implicated following an altercation with the police concerning vehicle documents.

He further relied on the absence of independent public witnesses, alleged non-compliance with Section 50 of the NDPS Act, lack of criminal antecedents, and deficiencies in the description and documentation of the alleged sticks of charas.

The State opposed bail but conceded that the alleged recovery was below the notified commercial quantity and that the restrictions under Section 37 of the NDPS Act were therefore not attracted.

1. Whether the applicant should be enlarged on bail in a prosecution under Sections 8/20 and 60 of the NDPS Act involving the alleged recovery of 940 grams of charas.

2. Whether the statutory embargo under Section 37 of the NDPS Act applied when the alleged quantity of charas was below the notified commercial quantity.

3. Whether the applicant’s lack of criminal antecedents, period of custody, and the alleged deficiencies in the recovery proceedings justified grant of bail without expressing an opinion on the merits.

The Court applied Sections 8/20 and 60 of the NDPS Act, under which the alleged possession and related liability for cannabis may constitute an offence.

It considered Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving offences meeting the statutory thresholds, particularly commercial quantity; the Court held that the Section 37 embargo is not attracted where the alleged recovery is below the notified commercial quantity.

The Court also considered the safeguards associated with Section 50 of the NDPS Act as raised by the applicant, although it did not finally adjudicate that issue at the bail stage.

Bail remains discretionary and may be granted after considering the nature of the accusation, the material on record, the applicant’s antecedents, custody period, investigation status, and the likelihood of misuse of liberty.

The Court noted that the alleged recovery was 940 grams of charas, which was below the notified commercial quantity; consequently, the statutory restrictions under Section 37 were held inapplicable.

The Court also took into account that the applicant had no previous criminal antecedents and had remained in judicial custody since 30 June 2026.

The applicant’s contentions regarding the absence of independent witnesses, alleged Section 50 non-compliance, and deficiencies in the description of the recovered substance raised issues for consideration at trial, but the Court did not express any final opinion on the merits.

Considering the quantity, custody period, antecedent-free status, and the fact that the trial was not likely to conclude shortly, the Court found that the applicant had made out a case for bail.

The applicant was directed to be released on bail upon furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the trial court.

The release was subject to conditions that he not leave India without prior permission, appear before and cooperate with the investigating officer, refrain from tampering with evidence or witnesses and from committing any criminal activity, and surrender his passport, if any.

Bail was made liable to cancellation upon violation of the conditions or misuse of the liberty granted.