[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3607 OF 2008 Ravishankar Ramashankar Singh ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.A.T.Lalla advocate i/b Lalla and Lalla for applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.II-03 of 2008 of Nerul Police Station. The said case is under the NDPS Act. 3. The applicant had earlier preferred an application for bail which came to be rejected by this Court by order dated 6.8.2008. The applicant was found in possession of 997.6 of charas and the co-accused who was with him at that time, was found [-2-] in possession of 515 gms. of charas. The learned advocate for the applicant has contended that a fresh ground has arisen in the present case, hence this application. 4. The fresh ground is that as per the CA report quantity of contraband is 2.6 %. Mr.Lala submitted that as per CA report, the entire contraband would not fall under commercial quantity and hence, the applicant would be entitled to bail. He has placed reliance on the decision of the Supreme Court in the case of Sami Uilaha Vs. The Superintendent, Sami Uilaha Vs. The Superintendent, Sami Uilaha Vs. The Superintendent, Narcotic Central Bureau reported in CDJ 2008 SC Narcotic Central Bureau reported in CDJ 2008 SC Narcotic Central Bureau reported in CDJ 2008 SC 1839. 1839. 1839. I have perused the said decision. The said decision is rendered in the peculiar facts of that case. The said case was not for grant of bail but in the said case, the order granting bail had been challenged. Thus, the said decision is rendered in a case of cancellation of bail. It is well settled that the considerations for bail and cancellation of bail are entirely different. Thus, in those circumstances that observation came to be made in the said decision. Looking to the facts of the present case, I am not inclined to grant bail. Application is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]