{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3464 OF 2009 Tulshiram Pandurang Patil Age-26 years, Occ-Labour R/o Village Nagao,Tq & Dist-Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.C.R.Deshpande, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th November 2009 PER COURT: 1. By the present application, the applicant has approached this Court praying to release him on bail in connection with CR No.34/2009 registered with Dhule Taluka police station u/s 20 and 22 of the NDPS Act, 1985. 2. Heard learned counsel for the applicant followed by the submission of the learned APP. The papers of investigation are placed in my hand. Charge sheet is already filed in the Court of Sessions Judge / Special Judge, Dhule. {2} 3. Perusal of investigation papers indicate that on the basis of information received, the stall run by the applicant was searched in presence of Panchas, after following the requisite technical formalities prescribed under the NDPS act. During the search two plastic bags containing Ganja weighing 4 kg 200 grams are seized and the samples were sent for chemical analysis. After completion of the investigation charge sheet came to be filed against the applicant. 4. Learned counsel for the applicant, relying on the judgment reported in 2004 ALL MR (Cri) 635 and also in view of the notification about small quantity and commercial quantity, urged that though the entire case of the prosecution is accepted as it is, yet there is no bar in releasing the applicant on bail u/s 37 of the NDPS Act. My attention is drawn towards the sub section (B) of section 37 as the offence alleged against the applicant is one u/s 20 and 22 of the NDPS Act and not u/s 19, 21 or 24 of the Act for which minimum punishment of 10 years RI and a fine of Rs 1 lac is provided. 5. Learned APP opposed the application on the ground of public policy. 6. It is not disputed that the case of the applicant does not fall within the ambit of section 37 of the NDPS act and hence, {3} the applicant is entitled to be enlarged on bail. 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 20,000/- and on executing a PR bond in the like amount. The applicant is directed not to tamper or contact with the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3464-09