BA No.172/11 mmj IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.172 OF 2011 Mohamad Anwar Ahmad Ismail Shaikh @ Anna ...Applicant. vs. The State of Maharashtra ...Respondents. Shri Sachin Chandan a/w Shri Anwar Landge i/b Shri Harshad Bhadbhade for the Applicant Ms A.T.Javeri APP for the Respondent CORAM : J.H. BHATIA, J. DATED : 14th February, 2011 P.C. 1 Heard 2 The Applicant seeks to be released on bail in Crime No.472 of 2009 registered by Anti Narcotic Cell, Mumbai for offence punishable under Sections 8(c) 21, 20 and 29 of NDPS Act. 3 According to the prosecution, the Applicant-Accused came near a bus stand at Virmata Jijabai Bhosale Udyan, Dr. Babasaheb Ambedkar Road, Byculla with a plastic bag. During the personal search of the accused 1 Kg 200gms of charas was seized. Samples of the same were taken and the same were duly sealed under panchnama. The C.A. report confirmed that the samples were Charas. BA No.172/11 4 The Learned Counsel for the Applicant contends that the C.A. report does not show the percentage of purity of charas. For this purpose, he relied upon E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau, reported in (2008) 5 SCC 161, in which case, it has been held that the actual weight of the offending drug is relevant for the purpose of determining whether it would constitute small quantity or commercial quantity. That case pertained to heroine and the purity of heroine was very small and therefore actual heroine found in the material seized was less than commercial quantity. The present case pertains to charas and the CA report shows that sample was charas. Therefore, at this stage, there is no reason to presume that the actual charas was less than commercial quantity. 4 Therefore, I do not see any reason to grant bail to the Applicant. The Application stands rejected. (J.H. BHATIA,J.)