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1995 Supreme(Raj) 208
High Court Of Rajasthan
Judgename : R.P.Saxena
SHANTI LAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. Crl. Misc. Bail Application 447 Of 1995
Decided On : 03/30/1995
DINESH MAHESHVARI, H.R.Panwar
Headnote:Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 8/20 & 27 Recovery of 325 grams of Ganja & 200 grams of Bhang from petitioner in house search - No evidence collected that petitioner was indulging in purchase & sale of Ganja - Offence is covered u/s 27 NDPS Act & Provision of Section 37 of the Act do not apply - Possession of Bhang is punishable under Rajasthan Excise Act - Proper case for grant of ball.
Result: Application allowed.
R. P. SAXENA, J.
( 1 ) HEARD. Perused the case diary. It is alleged that on 4. 3. 95, the S. H. O. , Police Station, Jhadol alongwith Tehsildar, Executive Magistrate, Jhadol, Motbirs and others conducted the search of the house of the petitioner on a source information to the effect that the petitioner is indulged in purchasing and selling of Ganja and Bhang. On search of his house, 325 gms. Ganja and 200 gms. of Bhang were recovered from tile possession of the petitioner and, as such, a case under Sections 8/20 of the NDPS Act was registered. The petitioner did not possess any licence for possession of the said Ganja. The petitioner in his interrogation to the 1. 0. informed that he had fallen into bad society and that he has become addicted to take Ganja and said Ganja was for his personal consumption and not for sale. The Investigating Officer has not collected any evidence to show that the petitioner is indulged in purchasing and selling of Ganja. Under Section 27 of the Act, such an offence is punishable for a period of six months only and, therefore, provisions of Section 37 of the Art cannot be pressed into service in this case. The possession of Bhang without licence is not punishable under the NDPS Act, but punishable under the Rajasthan Excise Act.
( 2 ) HENCE keeping in view all the facts and circumstances of this case, I feel that it will be just and proper to grant bail to the petitioner.
( 3 ) ACCORDINGLY, this bail application is allowed and it is ordered that the petitioner-Shanti Lal be released on bail provided he executes personal bond for a sum of Rs. 5,000/- (Rs. five thousand) and furnishes one sound and substantial surety in the like amount to the satisfaction of the learned Special Judge, NDPS Cases (Sessions Judge) Udaipur for his regular appearance before him in the case arising out of Crime No. 29/95, Police Station ]hadol on each and every date of hearing and whenever ordered to do so. The petitioner shall also give specific written undertaking that he shall keep peace and be of good behaviour and shall not commit any offence under the NDPS Act during the trial of this case. Application allowed.
