1 ba647.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.647 OF 2011 (MAHEBOOB SHAH RUSTAM SHAH//VS// STATE OF MAH. THR. PS. SEVAGRAM, DIST. WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.N.Khare, Advocate for Applicant. Mrs. B.P.Maldhure, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 14, 2011. This is an application for releasing the accused on bail against whom prosecution for possessing Ganja has been launched in the Court of Special Judge under NDPS Act at Wardha, being Special Case No.568 of 2011. On 26.07.2011 at about 8.00 p.m. the applicant was found carrying more than 5 kgs. Ganja on a bicycle. He was intercepted by the police at Bhugaon road near railway crossing within the jurisdiction of Sewagram Police Station. By complying with the requirements contemplated under the Act, seizure was effected and first information report was lodged. A sample of the contraband was sent to Chemical Analyzer. In the opinion of the Chemical Analyzer it was the sample of flowering tops, crushed greenish brownish leaves, seeds and stalks. It was opined that Ganja was detected in the exhibit. The contention of the learned counsel for the applicant is two fold. Firstly, it is contended that the quantity found is less than the commercial quantity and hence, bar of Section 37 of the NDPS Act is not attracted. Second contention is that, the entire quantity of 5.200 kgs. cannot be Ganja because it contains leaves, seeds etc. He invited my 2 ba647.11 attention to the definition of “Ganja” appearing in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The seeds and leaves do not fall within the definition. Even assuming that the quantity seized contains leaves, seeds and flowering tops etc. weight of it cannot in any circumstance be less than 1 kg. Thus, this is a case where accused is found in possession of the contraband more than the small quantity. Although, the bar of Section 37 is not applicable, the nature of the offence does not warrant release of the accused on bail pending trial. At the most the trial can be expedited. In that light of the matter, the application is rejected. The learned Sessions Judge/Special Judge shall make endeavour to dispose of the case as expeditiously as possible and in any event within four months from the date of receipt of this order. JUDGE RR..