MUMBAI: Holding that recovery of drugs from two persons though travelling together, should be considered separately, Bombay high court did not accept the state’s criminal conspiracy case and granted bail to an individual caught with intermediate amounts of Ganja.
The HC's single judge bench of Justice Shivkumar Dige did not accept the state’s anti-narcotic cell case that together the amount found in possession of a duo travelling together was over 21 kgs, and hence commercial. Under the Narcotic Drugs and Psychotropic Substances Act (NDPS) offences are categorised on quantity of the contraband and attract severe sentencing if amounts are labelled "commercial".