{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3695 OF 2009 1. Jagdish s/o Baburao Rana Age-30 years, Occ-Business 2. Ajit s/o Baburao Rana Age-27 years, Occ-Labour Both R/o 3428, Opp-Super Bag Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.C.R.Deshpande h/f Mr.N.L.Choudhari, Advocate for applicnat Mrs.Yogita M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 26th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.81/2009, registered with Dhule City Police Station, for an offence punishable u/s 22 of NDPS Act and u/s 66 (1) (B) and 83 of the Bombay Prohibition Act. {2} 2. Heard learned counsel for the applicants followed by the submissions of the learned APP. Perused the papers of investigation, till carried out. 3. Papers of investigation disclose that the CR No. 81/2009 was registered with Dhule City Police Station on the basis of a compliant lodged by one Sanjay Vithalrao Sahane, Police Sub Inspector, who on certain information carried out a raid and the applicants were found in possession of 905 gm of ganja and 85 kg Bhang. It appears that the said incident occurred on 3rd September 2009 and on the same day both the applicants came to be arrested and since then they are in jail. It is urged by the learned counsel for the applicant that the quantity of ganja, which is allegedly recovered from the applicants, is less than small quantity and so far as Bhang is concerned, it is held by this Court in case of “Madhukar V/s State of Maharashtra” reported in 2002 ALL MR (Cri) 1381 that Bhang is not included as narcotic substance / drug within the definition of NDPS Act and the same may be the substance prohibited under the Bombay Prohibition Act. In the premise, it is urged to release the applicants on bail. 4. According to learned APP, so far as applicant No.1 is concerned, he is a habitual offender and hence vehemently opposed the application for bail. However, learned APP is unable to demonstrate as to what was recovered from the possession of the {3} applicant No.1 in past. 5. Considering the submissions and the fact that the ganja recovered from the possession of the applicant is less than small quantity and the fact that Bhang is not included within the definition of narcotic drug under the NDPS Act, the applicants can be released on bail by imposing heavy surety and certain stringent conditions. 6. In the result, application is allowed. The applicants be released on bail on their furnishing solvent surety in the sum of Rs.20,000/- each to the satisfaction of the trial court and on executing PR bond in the like amount. The applicants to report to investigation officer on every Saturday between 3 and 5 p.m. till filing of the charge sheet. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3695-09