NARSINHBHAI FATABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being Part B C.R. No.11821052210069 of 2021 registered with Piplod Police Station, District Dahod for the offences punishable under Sec. 20(a) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to in short as 'the NDPS Act ').

(2.) Learned Senior Counsel Mr. Jal Sol Unwala assisted by learned Advocate Mr. Deep D. Vyas for the applicant submitted that the offence has been registered for the cultivation of cannabis and the punishment prescribed for the offence would extend to 10 years imprisonment and also would be liable to a fine which may extend to Rs.1,00,000.00. It is further submitted that the rigors of Sec. 37 of the NDPS Act would not be applicable as it is a case alleged of cultivation of 'cannabis' plant. It is also submitted that the FSL Report does not prima-facie establish any commercial quantity of 'cannabis' as defined in the notification and the weight of the 'cannabis' plants alleged to have been found at the land has not been recorded, though the sample was sent for FSL Examination, the sample would not quantify the commercial quantity. It is further submitted that the applicant is behind bars for more than thirteen months. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor Mr. Dhawan Jayswal while vehemently opposing the application submitted that the mere cultivation of the 'cannabis' plant is punishable under the law. It is also submitted that the panchnama clarifies that both Survey Nos.767 and 744 were having green plants like 'ganja'. Survey No.767 had total 810 plants and the contraband weighed 439 Kgs. and 840 grams valued at Rs.43,98,400.00 while Survey No.744 had total 935 plants and the contraband weighed 599 Kgs. and 120 grams valued at Rs.59,91,200.00. Thus, it is submitted that in all 1745 plants of 'ganja' weighing about 1038 Kgs. and 960 grams were found from the possession of the present applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.