BHARATSINH PRATAPSINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an FIR being C.R. No.11207077200449 of 2020 registered with Damavav Police Station, Dist.Panchmahal for the offences punishable under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) Learned advocate appearing for the applicant submitted that the Central Government Revenue Department, Ministry of Finance Notification No.SO 1055 (E) NDPS and the schedule appended with the NDPS Act makes it clear that small quantity in case of Ganja is defined as 1 Kg., whereas the commercial quantity in case of Ganja is defined as 20 Kgs. and, therefore, the quantity, which has been found in the custody of the accused, is less than the commercial quantity even otherwise the contraband article is not found from the applicant. He further submitted that the muddamal article viz. Ganja has not been found from the actual physical custody of the applicant and even as per the case of the prosecution, it is not their case that the accused was found to be selling Ganja nor found with the physical possession with the applicant. He further submitted that even assuming for the sake of argument, without admitting, the alleged contraband was found from the premises of the house, which does not belong to the applicant then also considering the quantity, the punishment which may extend up to 1 year as provided under Section 20(b)(ii)(B).