1 CriA-A-82-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL BAIL APPLICATION NO. 82 OF 2011 IN N.D.P.S. SPECIAL R.A. NO. 132 OF 2010 Fakir Ahmed Mohd. Shaikh ... Applicant/accused Vs. The State of Maharashtra ... Respondent/complainant Mr. Uday Arolkar, Advocate, for the applicant. Mrs.G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th February, 2011. P.C. 1. The applicant seeks to be released on bail in NDPS Special R.A.No. 132/2010 rising out of Crime No.1/2010 registered at Antop Hill Police Station. 2. According to prosecution, on 17.10.2010, 1 Kg. 100 grams of Charas was found from the steel container in the kitchen of the present applicant. It was duly seized and sealed and samples were taken and referred to the C.A. The C.A. report reveals that both the samples were Charas. The applicant was arrested on 17.10.2010. Charge-sheet is not yet filed. The applicant filed an application before the trial Court under Section 167(2) of Cr.P.C. contending that as the charge 2 CriA-A-82-11.sxw sheet is not filed within 60 days, the applicant is entitled to be released on bail in view of the provisions of Section 167(2) of Cr.P.C. The trial Court rejected the application holding that the period prescribed for filing charge sheet in case of commercial quantity is 180 days and that period is not yet over. Hence, this application. 3. The learned Counsel for the applicant contends that along with the C.A. report, complete data showing the percentage of purity is not given and, therefore, it can be inferred that the report is not complete and even though prima facie the quantity allegedly seized from the applicant was 1 kg. 100 grams, it was not commercial quantity. As per the table notified under the NDPS Act, the small quantity of Charas is 100 grams and commercial quantity 1 kg. Ini the present case, Charas seized from the accused was 1 kg. 100 grams and C.A. report clearly states that both samples were Charas. The learned Counsel contended that in all the matters generally, the C.A. report is supported by the data of External Standard Report showing the purity. In the present case, the C.A. report is simply showing that both samples were Charas but It does not give other data or percentage of purity, etc. Merely because such data is not available, the Court cannot draw inference against the prosecution. Today, prima facie evidence is that what was seized from the accused was Charas and as it is more than 1 kg. it is 3 CriA-A-82-11.sxw commercial quantity. 4. In view of the provisions of Section 36-A(4) of N.D.P.S. Act, if a person is accused of an offence involving commercial quantity, the period under Section 167(2) shall be 180 days. Therefore, if the charge sheet is not filed for more than 180 days after arrest, the applicant can claim right to bail. However as that period is not yet over, the applicant cannot claim the said benefit Therefore, the Application stands rejected. (J.H.BHATIA,J.)