1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1804 OF 2009. Damodhar Laxman Chede ...Applicant. Versus The State of Maharashtra ...Respondent. ... Mr.Joydeep Chatterji, Advocate for the applicant. Mrs. R.R.Mane, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 17th June, 2009. COURT'S ORDER: 1. The applicant is seeking bail in Crime No. 6008/2009 registered with Ambad Police Station, Dist.Jalna, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 dated 1st of February, 2009. 2. There is ample material on record to show that the applicant had cultivated 10 cannabis 2 plants in his agricultural field. The cannabis plants were tried to be concealed in the vegetable plants. 3. The learned Judge of the Special Court of NDPS cases, Jalna, rejected the application saying that, "there is prima facie evidence against the applicant about cultivation of Ganja in contravention of NDPS Act and obviously he is not entitled to get bail." 4. The relevant provisions of Section 20 and 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are quoted below. "20.Punishment for contravention in relation to cannabis plant and cannabis.- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder:- (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,- (i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to 3 one lakh rupees; and (ii) where such contravention relates to sub-clause (b)- (A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees and which may extend to two lakh rupees. Provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees." Sec.37. Offences to be cognizable and non-bailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- 4 (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for (offences under section 19 or section 24 or section 27-A and also for offences involving commercial quantity shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub- section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail." 5. Section 37, almost prohibits bail to accused persons having prima facie committed offence under Sections 19, 24 and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. It also provides that if an accused is prima facie seen to have committed offence punishable under Section 20 (b) (ii)(C) of the Narcotic Drugs and 5 Psychotropic Substances Act, 1985 his bail is almost impossible. But the present applicant is not the accused of offence under Section 20 (b) (ii) (C) of the said Act. He apparently committed offence under Section 20 (a) (i). Besides, the number of plants found with the applicant in the agricultural field were merely 10. The weight of the plant was also 172 Grams, which indicates that the plants were very small. The applicant does not have any criminal antecedents, I think, the applicant makes out a case for bail. The application is allowed. i) The applicant is released on bail of Rs. 15,000/- (Rs.Fifteen Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.