[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1425 OF 2008 Shri.Nakalesh Bhagchand Banjara @ Natwar ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.S.V.Kotwal for Mr.S.S.Bhandary Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 15, 2008 DATE : JULY 15, 2008 DATE : JULY 15, 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 NDPS Special Case No. 206 of 2007 which is on the file of the Special Court, Greater Bombay. 3. The case of the prosecution is that the applicant was found in possession of 21 kgs. of Ganja. The learned advocate for the applicant submitted that in the present case the panchnama and other papers show the seized contraband [-2-] included leaves, seeds, stems, sticks etc. It is contended that these substances apart from fruiting tops do not fall under the definition of Ganja and hence, the seized substance cannot be said to be Ganja which is more than the commercial quantity. 4. It is noticed that the said ground was not raised before the Special Court. In my view, opportunity ought to be given to the applicant to raise the said ground before the Special Court. Hence, liberty is granted to the applicant to raise the said ground and any other fresh grounds before the Special Court. On such application being preferred, the Special Court shall consider the same afresh on merits. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]