NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 — Sections 20(b)(ii)(c), 15(c) r/w 8(c) — Bail — Non-commercial quantity (Paras 2, 4, 6) Where the contraband allegedly seized is 500 grams of ganja, which falls within non-commercial quantity, the rigours of Section 37 of the NDPS Act are not attracted, and the Court can consider bail on ordinary principles governing grant of bail.

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NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 — Sections 20(b)(ii)(c), 15(c) r/w 8(c) — Bail — Non-commercial quantity (Paras 2, 4, 6)

Where the contraband allegedly seized is 500 grams of ganja, which falls within non-commercial quantity, the rigours of Section 37 of the NDPS Act are not attracted, and the Court can consider bail on ordinary principles governing grant of bail.

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BAIL — Considerations — Custody and nature of offence (Paras 4, 6)

Grant of bail is justified where the accused has been in judicial custody for a reasonable period and the quantity involved is small/non-commercial, particularly when investigation is pending and no exceptional circumstances are shown to deny bail.

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BAIL — Conditions — Safeguards to ensure fair investigation (Para 6)

While granting bail, the Court may impose conditions such as execution of bond with sureties, appearance before Investigating Officer, regular reporting to police, non-tampering of evidence, and restriction on committing further offences, to balance personal liberty with the interests of investigation.

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CANCELLATION OF BAIL — Violation of conditions (Para 7)

In case of breach of any bail condition, the prosecution is at liberty to seek cancellation of bail.

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BAIL ORDER — Observations — Limited purpose (Para 8)

Observations made while granting bail are confined to the adjudication of the bail application and shall not influence the trial on merits.

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FINAL RESULT (Para 9)

Criminal Petition allowed — Accused No.2 enlarged on bail subject to conditions.