1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3629 /2009 [Mukesh s/o Gulabrao Ghore vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R U Girde , Adv. for applicant Mr S B Ahirkar, APP for respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 28, 2010. Heard. 2. By means of this application, the applicant prays for grant of bail under sections 437 and 439 of the Criminal Procedure Code in respect of the offence which is punishable under section 20 of the Narcotics and Psychotropic Substances Act, 1985 ( in short “the NDPS Act”) registered as offence No. 6243/2009 at Panchpaoli Police Station, Nagpur and investigated by Crime Branch Nagpur. It is alleged that the applicant was found in possession of 1.150 kg of marijuana {narcotic drug i.e. Ganja) on 31.10.2009. 3. According to learned Advocate for the applicant, he was not given a chance under section 50(i) of the NDPC Act to be searched in the presence of a Gazetted Officer or the Magistrate; so also the prosecution utterly failed to comply with mandatory provisions of section 100 (iv) of the NDPS Act. Further, it is contended that the quantity found in possession, as alleged, is little 2 above the small quantity but not commercial quantity. 4. Learned APP went hammer and tong against the above-referred contentions. Firstly on the ground that the applicant ought to have moved under section 37 of the NDPC Act with prayer for bail, which is a specific provision for grant of bail,which cannot be sought under general provisions of the Cr.P.C. Secondly, the applicant was caught red-handed along with contraband marijuana (Ganja) which was weighing about 1.150 kg. As regards compliance of mandatory provisions of the NDPS Act, it is submitted that requirement of Section 50 was complied with in its letter and spirit by giving notice dated 31.10.2009 to the accused person as to whether he would like to be searched in the presence of any Gazetted officer. Compliance of Section 55 was also done. Thus, mandatory provisions were fully adhered to. Seized articles were duly sent to Chemical Analyser. Charge-sheet in the matter is yet to be filed. The bail is objected on the ground that the offences alleged against the applicant are punishable with RI for not less than 10-years which may extend to 20-years and also fine in the sum of Rs. 1 lakh which may extend to Rs. 2 lakhs. Apart from the provisions of the NDPS Act, the applicant is also charged for offence punishable under the Prohibition Act, IPC as well as Bombay Police Act and the same are pending and that there is every possibility of the applicant would misuse his liberty if bail is granted. It is further pertinent to note that the applicant has given his address 3 as Resident of Panchpaoli Nagpur (Tandapth), which appears too insufficient and vague information regarding fixed address of the applicant. Considering serious accusation against him as also the prohibitory provisions contained in Section 37 (I) of the NDPS Act and statutory limitation putting restrictions for granting bail in such cases, I am not inclined to release the applicant on bail. Hence, Application is rejected. However, the trial Court is directed that it shall endeavour to dispose of the trial as early as possible. JUDGE sahare