(1) CRI.APP. 3808.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3808 OF 2010 1. Ismail Bashir Shaikh, Age : 51 years, 2. Gorakh Bhaurao Satpute, Age : 32 years, 3. Noormohammad Kadar Shaikh, Age : 30 years, 4. Muktar Kadar Shaikh, Age : 31 years, All R/o Sangamner, Tq. Sangamner, Dist. Ahmednagar .. Applicants VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent ... Mr. S.T. Shelke, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 19TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicants are arrested in connection with crime no. II-57 of 2010 registered at Sangamner (2) CRI.APP. 3808.2010 City Police Station for the offence punishable under section 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short “The N.D.P.S. Act”). 3. The prosecution case is that on basis of the information received from main accused, to the effect that the applicants were in possession of ganja at their residential houses, to whom he had sold the ganja, a raid was arranged. The houses of the applicants were searched, one after another since 13.00 hours on 4.9.2010. The applicant no.1 was found in possession of 1 Kg 100 gm. ganja stored in a gunny bag, the applicant no.2 was found in possession of 100 gm. of ganja in a satche/pouch and the applicant no.3 was found in possession of 8 Kg of ganja. The applicant no.4 allegedly assisted them in their vending of ganja. 4. Heard learned Advocate for the applicants and learned APP. Perused the investigation papers. 5. The question is whether the applicants may be denied liberty and be not released on bail in view (3) CRI.APP. 3808.2010 of legal embargo envisaged under section 37 of the N.D.P.S. Act? Perusal of section 37 of the N.D.P.S. Act would show that bail is not available to an accused who is dealing in the storage, sell or manufacture of any narcotic or psychotropic substance or drug of commercial quantity. 6. The relevant notification appended to section 2 of the N.D.P.S. Act, reveals that for the purpose of ganja, the commercial quantity is of 20 Kg. It is explicit, therefore, that the quantity of ganja found in possession of the applicants was less than the commercial quantity. In other words, it appears that the applicants were doing business as small retailers of ganja. They are not the big tycoons of the murky trade in the narcotic substance. 7. Considering these aspects, the applicants deserve liberty on certain conditions. 8. In the result, the Application is allowed. The applicants are directed to be released on bail on furnishing of the bail bonds in sum of Rs.25,000/- each (Rs. Twenty Five Thousand) with one solvent (4) CRI.APP. 3808.2010 surety each in the likewise amount, to the satisfaction of the Court of Special Judge and on condition that they shall not enter limits of Sangamner town till the trial is over except on dates of hearing of the Special case. They shall not deal in the same trade and if any adverse report is found against them, the bail order is likely to be cancelled on Application filed by the Investigating Officer. Application is accordingly disposed of. Sd/- [V.R. KINGAONKAR, J.] arp