1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.666 OF 2011 (ARUN RAMCHAND GAJBHIYE //VS// STATE OF MAH. THR. PS.O. GANGAZARI, DIST. GONDIA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.M.Daga, Advocate for Applicant. Mrs. B.P. Maldhure, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 02, 2011. Heard both sides. This is an application under Section 439 of the Code of Criminal Procedure read with Section 37 of the N.D.P.S. Act for releasing the accused on bail against whom offence bearing Crime No. 18 of 2011 is registered with Police Station, Gangazari, District : Gondia for the offence punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act” for short). The allegations against the accused are that on 7th October, 2011 he was found in possession of 850 grams of Ganja, motor cycle, one mobile phone and cash of Rs.Two Hundred. The bail is being opposed on the ground that about 13 kilograms of Ganja was seized from one Govind Agrawal. Whereabouts of the said Govind Agrawal were traced on the basis of the information received from the applicant. It is alleged that the accused used to purchase Ganja from him. The second ground on which the bail is opposed is that the accused is habitually dealing in sale of 2 Ganja to young boys and there are previous crimes registered against him under Sections 20 and 27 of the NDPS Act and under the Bombay Prohibition Act. According to the provisions of the NDPS Act quantity of Ganja up to 1000 grams falls within category of 'small quantity' and possession of which attracts provisions of Section 27(b) of the said Act, which is punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs.ten thousand. Since involvement of the accused is made out only under Section 27(b) the factors like antecedents of the accused that against him offence under Sections 20 read with 27 of the NDPS Act and two offences under the Bombay Prohibition Act are registered, are irrelevant. Hence, the following order. The application is allowed. The applicant is directed to be released on bail on his executing P.R. Bond in the sum of Rs. fifty thousand with two sureties in the like amount. JUDGE RR..