:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.460 OF 2008 IN CRIMINAL APPEAL NO.608 OF 2005 Rajendra Audumber Wagmode. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. Amit M.Shete for the Applicant. Mr. J.C.Satpute with Mr.H.V. Mehta for the Union of India. CORAM: R.S. MOHITE, J. DATE : 17th September, 2008 PC : 1. This is an application for grant of bail pending the appeal. The applicant was convicted under NDPS Act for possessing 185-KG. of Ganja. The quantity seized is commercial quantity. A reliance is placed upon the judgment of the Apex Court in the case Mansingh Vs. Union of India reported in (2004) 13 Supreme Court Cases 42. In my view, the aforesaid judgment or order of the Apex Court does not lay down that the provisions of Section 37 of the NDPS Act stands diluted. The Apex Court has got wider powers to grant bail. Such order can be passed by the Apex Court under Article 142 of the Constitution of India. It is also noticed that the Apex Court has held that there is no likelihood of the appeal being heard in the near future. A reference is also made on the two orders passed by this court in Criminal Application No.981 of 2007 and No. 736 of 2007. Those orders also do not taken into account the provisions of Section 37 of the NDPS Act. In my view, the bail cannot be granted since the quantity is :2: commercial quantity. Hence, application rejected. Appeal may be fixed for final hearing in the week commencing from 23.11.2008. (R.S. MOHITE, J.)