GOGANBHAI RAMBHAI SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying for an order of regular bail post submission of charge-sheet in connection with an offence being registered at C.R.No.11193009220548 of 2022 with Bagsara Police Station, Amreli for the offence punishable under Ss. 8(b), 8(c), 20(b), 20(a)(i) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) Mr. D.C.Sejpal, learned advocate for the applicant submitted that the case of the prosecution while registering the First Information Report is about cultivation of Ganja, that too, against the present applicant and they found six plants weighing 5 kilo 50 grams from the field said to have been possessed by the applicant. He has further submitted that even if it is presumed that case is for the possession of Ganja of the quantity, as mentioned in the FIR and the papers of charge-sheet, it is an intermediary quantity, which is above the small quantity and less than the commercial quantity and therefore, rigors of Sec. 37 of "the NDPS Act" would not be applicable. Therefore, he has submitted that the maximum punishment provided for the offence alleged against the present applicant would be 10 years with a fine, as mentioned in Sec. 20 of "the NDPS Act". Therefore, he has submitted that the applicant be released on bail, post submission of charge-sheet.

(3.) As against that, Mr. K.M.Antani, learned Additional Public Prosecutor submitted that since the accused is prosecuted for an offence under "the NDPS Act" and he was found in possession of plant of cannabis sativa, as opined by the FSL, the offence under "the NDPS Act" being serious in nature, though maximum punishment is up to 10 years, he may not be released on bail.