Ishika vs State on 3 March, 2021

2. Case of the petitioner is that bar of section 37 of NDPS Act is not

applicable in the present case, therefore, this court may exercise its

discretion and enlarged the petitioner on bail. The substance alleged to have

been recovered from the petitioner is 112 gms. of heroin and 152 gms. from

the co-accused Ravi Kiran. Accordingly, it is evident that the contraband

BAIL APPLN. 371/2021 Page 1 of 6
recovered from the petitioner was intermediate and as per the notification of

intermediate quantity, the bar under section 37 of NDPS Act will not be

attracted in the present case as the same is applicable only in offences

involving commercial quantity.

Source: Indian Kanoon