1 Cri.A.1640.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1640 OF 2011 Kashiram Vesta Pawara Age : Major, Occup.: Labour., R/o Fatapur Manjarni Pada, Tq. Shirpur, District Dhule ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. N.B.Suryawanshi,Advocate for Applicant. Shri.G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 21ST JUNE, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 83 of 2010, registered with Shirpur Police Station, District Dhule, for the offence punishable under sections 20(a)(b) and section 2(c) read with section 22 of the The Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as “N.D.P.S. Act” for the sake of brevity). 2. APP has made available the papers of investigation made by the Police. Both sides are heard. 2 Cri.A.1640.11 3. The crime is registered on the basis of report given by Head constable. It is case of the police that on the basis of information received against the applicant, they effected raid. It is contended that there was information that present applicant was cultivating Ganja in his field and the field is situated at Manajnipada, Fatepur Shivar Ta. Shirpur. It is contended that when they reached the field they noticed that some Ganja plants were already harvested and the present applicant was harvesting remaining plants of Ganja. After seeing the police, he ran away. He came to be arrested on the next date. The police noticed that there were 15 Ganja plants including Ganja plants, which were already cut by the applicants. The weight of Ganja was more than 40 K.G. 4. APP submitted that Police knew the present applicant and as incident took place in day time it was possible for them to identify the present applicant. He produced the statements of the panch witnesses to show that after arrest of the applicant, he was shown to the panch witnesses and they gave supplementary statement regarding identification. He submitted that this material is sufficient to make out the aforesaid offence and there is bar under section 37 of the NDPS Act and bail cannot be granted. He submitted that trial can be expedited as applicant is in jail since last six months. Advocate for the applicant submitted that police have 3 Cri.A.1640.11 recorded weight of flowering tops including stem of the plants when definition of Ganja is given in section 2(b) of the aforesaid Act shows only flowering of fruiting tops of the cannabis plant (excluding seeds and leaves when were not accompanied by the tops to be included) . He also submitted that there is nothing with prosecution to show that land where raid was effected belongs to present applicant or he was cultivating it. A query is made in this regard to APP but APP could not submit in this regard. 5. Aforesaid record and circumstance show that applicant came to be arrested on the next date of the raid and there is no record with police with regard to ownership and cultivation of the land, where raid was effected. There are other circumstances like regarding taking weight of every of the plant. In view of this circumstance, this court holds that bar under section 37 of the NDPS Act can not came in the way of the present applicant. So the application is allowed. (i) The applicant be released on bail, in Crime No. 83 of 2010, registered with Shirpur Police Station, District Dhule, for the offence punishable under sections 20(a) (b) and section 2(c) read with section 22 of the The Narcotic Drugs and 4 Cri.A.1640.11 Psychotropic Substances Act, 1985, on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand). The above observations are only for the purpose of bail application and they will not come in the way of trial and while deciding the case. Sd/- [ T.V.NALAWADE, J.] MTK