1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4284 OF 2009 1.Vithal Mayappa Pujari 2.Shivappa Mahadappa Pujari ....Applicants V/s The State of Maharashtra ... Respondent. Mr. M.A. Patil for the applicant. Mr. Y.M. Nakhwa, APP for the State. CORAM: V.M. KANADE, J. DATE : 12TH NOVEMBER, 2009 P.C.: 1. Heard. 2. Applicants – accused were arrested on 21/7/2009 in connection with the complaint filed vide C.R. No.3019 of 2009 for the offence punishable under section 20(B) of the N.D.P.S. Act, 1985. A huge quantity of ganja i.e. about 11 kg. was recovered from the present applicants. Charge-sheet is filed. 3. The learned Counsel appearing on behalf of the 2 applicants submitted that provisions of section 37 of the N.D.P.S. Act would not apply to the facts of the present case, particularly because the ganja which has been recovered from the applicants was below commercial quantity as defined under section 2 sub-clause (vii-a) of the N.D.P.S. Act. He submitted that a Notification has been issued by the Central Government by virtue of power vested in it under the said section and in the said Notification it is stated that the commercial quantity for ganja would be 20 kg. It is, therefore, submitted that the bar imposed by the said Act under section 37 would not apply in the facts and circumstances of the present case. 4. The learned APP appearing on behalf of the State has fairly conceded that the commercial quantity of ganja is 20 kg. and the quantity found with the applicants is less than the commercial quantity. In view of this, there is no question of applicability of section 37 of the N.D.P.S. Act. 5. Since the charge-sheet is already filed and the investigation is over, continued detention of the applicants in jail as under-trial prisoner, in my view, is not necessary and the applicant is entitled to be released on bail. 3 6. Applicants be released on bail in C.R. No.3019 of 2009 registered with Mangalvedha Police Station, District Solapur for the offence punishable under section 20(B) of the N.D.P.S. Act, in the sum of Rs 5000/- each with one or two sureties each in the like amount. Applicants, however, shall report to the concerned Police Station twice in a month during the pendency of the trial. 7. Application is disposed of. (V.M. KANADE, J.)