Narcotics Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"] - "Ganja Alleged" - Allegations related to NDPS Act - Accused has been granted bail.
In this recent Judgment Citation : [2021] GCtR 1169 (Gauhati) in June 2021, where the case was started in the year 2021 and there were allegations related to more than 1000 grams [but less than 20 kgs of ganja], the accused has filed an application under S.439 of Code of Criminal Procedure, 1973 ["Code"] seeking bail. The case was argued by the Additional Public Prosecutor of Assam. After looking at the "contraband". Hon'ble HC also held that the accused shall not leave the territorial jurisdiction without permission and shall not hamper with the investigation.
It is relevant to note that S.439(1) of Code empowers both High Court and Court of Sessions to grant bail. However, S.439(2) of Code also empowers HC or Court of Sessions to commit the person who has been released on bail to custody.