Code of Criminal Procedure, 1973–Secs. 439(2)–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 37–Prayer for cancellation of bail–Court below while granting the bail, nowhere recorded the finding qua the contraband so recovered to be of a substantial commercial quantity–Findings qua the contraband being medicines, is erroneous and perverse–Cumulative consideration of facts shows that the contraband was recovered from the constructive possession of respondent–Fact of constructive possession is supported by the rent agreement, disclosure statements u/s. 27 of Evidence Act and statements u/s. 164–Impugned order was passed at the pre-mature stage when the investigation was going on–Objection raised qua the delay in filing the present bail cancellation application is not tenable in view of the conduct of two investigation officers of the case–Bail was granted on irrelevant considerations and without due compliance of the provisions of Sec. 37–Cancelled.
