1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3913 of 2008 Gabba v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S. S. Deshpande, Adv for applicant Mr D.B. Patel, APP for State Coram: A.P. Bhangale, J Dated : 5th August 2009 1. Applicant has been prosecuted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Applicant was allegedly found in possession of 23 kg and 500 gms of poppy straw, carrying it on motor cycle bearing registration No. GG-04- ZK-7979. He is in jail since 3.3.2008. 2. Learned counsel for the applicant contends that applicant was allegedly in possession of 23 kg and 500 gm of poppy straw which quantity is less than commercial quantity as prescribed in the NDPS Act. He, therefore, contends that in view of the judgment of this Court in Raju @ Mohd Hussain v. State of Maharashtra reported in 2002 Mh.L.J. (4) 625, applicant is entitled to be enlarged on bail. 3. Learned Additional Public Prosecutor does not dispute that the quantity found in possession of applicant was less than commercial 2 quantity. However, he opposes bail application on the ground that punishment provided is imprisonment which may extend to ten years and with fine which may extend to one lakh rupees. He further submits that applicant is an outsider and belongs to the State of Madhya Pradesh and there are chances of his fleeing from justice. 4. In Raju @ Mohd Hussain’s case (supra), applicant was involved in an offence under Section 20 of the NDPS Act on the ground that 2 kgs of ganja was found in his possession. This Court ordered release of the applicant therein on account of the fact that quantity of 2 kgs of ganja found in possession of applicant was below the commercial quantity of 20 kgs and that the offence is punishable not with life imprisonment, but for a term which may extend to ten years. 5. In the instant case, quantity of poppy straw (23 kg 500 gms) found in possession of applicant was admittedly much below the commercial quantity of 50 kgs and, therefore, applying the ratio laid down by this Court in Raju @ Mohd Hussain’s case (supra), this is a fit case where applicant deserves to be released on bail. Of course, care will have to be taken to see that applicant does not flee from justice. 6. Applicant is directed to be released on bail in Crime No. 3024/2008 registered with Police Station, Nandura, Buldana under Section 15 of the NDPS Act upon his executing PR Bond in the sum of Rs. 1 lakh with two sureties in the like amount, one each from the State of Maharashtra and the State of Madhya Pradesh. Applicant shall attend trial on each date of hearing and shall report to Police Station Officer, Police Station, Garate, District Mansor (MP) once in a week till the conclusion of trial, barring the days on which he is required to attend the trial. He shall 3 leave his permanent address along with telephone/cell phone number as also photo copy of his and his wife’s election identity card with the said Police Station as also the Court concerned. Applicant shall not commit any offence during the pendency of trial. Application stands disposed of accordingly. Judge. hsj