Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court

The Kerala High Court recently said that the quantity of the contraband seized being just above the intermediary quantity can be one of the grounds to dilute the rigour of Section 37 while granting bail in a case under the Narcotic Drugs and Psychotropic Substances Act. The court held that apart from the parameters already laid down by the Apex Court including lack of criminal antecedents, time already spent in custody and the time left for commencement of trial, an additional factor to be considered would be the quantity of contraband seized. That is to say, when the quantity of contraband is something just above the intermediate quantity and the same is not a huge or sizable quantity, the same also can be considered after satisfying the above 3 parameters stated herein above, for diluting the rigour under Section 37 of the NDPS Act.” The court was considering the bail applications filed by two persons from whose vehicle 22.125 kg. S.Sangeeth Raj argued that since commercial quantity was seized from the petitioners, they must not be granted bail without satisfying the twin conditions provided under Section 37 of the NDPS Act.