IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 3795 OF 2023 (Arising out of SLP(Crl.) No.10734/2023)
SAHNWAS SHAIKH APPELLANT(S)
VERSUS
THE STATE OF WEST BENGAL RESPONDENT(S)
ORDER
Leave granted.
Heard learned counsel for the appellant and
the State.
The appellant has been detained under the
provisions of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (‘the 1985 Act’) on the ground
of recovery of 45 grams of heroin from his
possession. He is in custody since 23rd April, 2022.
The State sought to invoke the bail restricting
provision contained in Section 37 of the 1985 Act
on the ground that there were three other co-
accused persons from whose possession 521 grams of
the same contraband article was recovered and it is
based on their statement, the appellant was
implicated and subsequently detained.
Admitted position is that the quantum of the
contraband article recovered from the appellant
falls below commercial quantity as per the table
annexed to the said statute made in terms of Sub-
1
clauses (vii-a) and (xxiii-a) of Section 2 of the
enactment. Item 56 of the said Schedule stipulates
that commercial quantity of heroine would be 250
grams and above. The recovery alleged to have been
made from the appellant is of intermediate
quantity. Barring statement of the co-accused,
there is no other material to connect the appellant
with seizure o...