- (1.) This application has been filed to release the applicant on bail in case crime no. 574 of 2019, under Section 8 / 21 of the Narcotic Drugs and Psychotropic Substance Act, 19851, P.S. Shahpur, District Gorakhpur. An amount of 1 Kg 17 gm of charas is alleged to have been recovered from the possession of the applicant which is above the commercial quantity.
(2.) Notice of the present bail application was served on the Government Advocate on 8.1.2020. However, no counter affidavit has been filed.
(3.) When the matter was being heard on 4.2.2020, learned Additional Government Advocate (AGA) placed before the court a recent judgement of the Supreme Court dated 24.01.2020 passed in Criminal Appeal No. 154-157 of 2020 (State of Kerala Vs. Rajesh)2 to contend that in view of the provisions of Section 37(1)(b)(ii) of the NDPS Act, since the offence involves recovery of the narcotic drug in excess of the commercial quantity, the Court is required to record its satisfaction that there are reasonable grounds for believing that the applicant is not guilty of such offence and that the applicant is not likely to commit any offence while on bail.;