1 CR.APL 121/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 13. APPLN/121/2011 ( DEEPSINGH UTTAMSINGH [Criminal] V/S THE STATE OF MAH AND ANR) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.V.Mandlik, Senior Counsel, for Mr. Amol Gandhi, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 1-2-2011 1. Heard. The accused/applicant , in custody in Crime No.39/2010, for infraction of offense under the provisions of Sections 20(1)(b) of Narcotic Drugs & Psychotropic Substances Act ( for short 'N.D.P.S.Act'), seeks release on bail in terms of Section 37 of the N.D.P.S.Act. 2. Learned Senior counsel has invited my attention to the definition of Ganja appearing in Section 2, clause (iii)(b) as under: (iii) " cannabis (hemp)" means-- 2 CR.APL 121/2011 ... ... (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and " Reading the said definition and putting the Panchnama in juxtaposition, it is apparent, the prosecution itself was doubtful whether it would be a case in terms of Section 20(b)(ii)(C) of the N.D.P.S.Act. The overall survey illustrated, though the matter is at the stage of charge, considering the nature of quantity of Ganja allegedly seized, the accused deserves to be released on bail. 3. This is more so in the light of the prima facie observation that, the seizure referred hereinbefore is not of a commercial quantity and, consequently, the bar created in terms of Section 37 (1) (b) of N.D.P.S.Act would not be operative. Hence order: (a) The accused/applicant (Deepsingh Uttamsingh) be released on bail on furnishing P.R. bond and surety in 3 CR.APL 121/2011 the sum of Rs.35,000/- (Rs. thirty five thousand). The accused/applicant shall not leave jurisdiction of Itwara Police Station or Nanded district till conclusion of trial. The accused/applicant would not influence the witnesses or shall not commit identical or similar offenses. Application allowed as above. (K.U.CHANDIWAL) JUDGE ... AGP/121-11crapl