A person is accused solely of unlawful possession of 900 grams of ganja under section 20(b)(ii)(A) of…
Notification S.O. 1055(E) sets the small-quantity figure for ganja at 1,000 grams. The alleged 900 grams falls below it. Section 20(b)(ii)(A) carries up to one year of…
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A person is accused solely of unlawful possession of 900 grams of ganja under section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and is prepared to furnish bail. A Magistrate refuses bail because there are reasonable grounds to believe the person committed the offence. Is that refusal correct?
Answer and explanation
Correct answer C
Notification S.O. 1055(E) sets the small-quantity figure for ganja at 1,000 grams. The alleged 900 grams falls below it. Section 20(b)(ii)(A) carries up to one year of rigorous imprisonment, a fine, or both. The offence is bailable under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 478 requires release on bail when the accused is prepared to give bail. The additional conditions in section 37(1)(b) of the NDPS Act do not apply to the sole charge here.
Option feedback
Option A
Section 37(1)(a) makes NDPS offences cognizable. The additional conditions in section 37(1)(b) apply to specified offences or commercial quantities.
Option B
The notified small-quantity figure for ganja is 1,000 grams. The alleged 900 grams falls below it.
Option C
The maximum term under section 20(b)(ii)(A) is one year. Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies this as bailable.
Option D
Under section 36A(1)(a), the Special Court trial rule covers offences punishable with imprisonment for more than three years. This charge carries up to one year, and the Magistrate can grant bail.