MAJID SALIM SURANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate, for the applicant and learned APP, for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. II - 34/2017 with Jamnagar Railway Police Station for the offences punishable under Sections 8C , 20 and 29 of the NDPS Act. 2.1 Briefly stated, it is alleged that on 03.08.2017, the complainant received a phone call from one Mr.Mahavirsing Jadeja and informed that Train No.59503 i.e. Viramgam Okha has reached Dwarka Railway station at 00:15 hrs. and when all the passengers were going out from the main gate of the railway station, one passenger, who was carrying big loaded bag, was trying to go hurriedly and he was stopped and was taken to the office of the Railway police at platform No.1. Upon inquiring as to what he is carrying in the bag, he has not answered anything and, therefore, upon further inquiry, he had stated that it was Ganja and, therefore, he alongwith the police personal was taken to Jamnagar. Further, upon examining the material, it was of 2 KG wroth Rs.12,000/-. Thus, the present complaint came to be lodged.

(3.) Considering the charge sheet papers supplied by learned APP during the course of hearing, it appears that the applicant is alleged to be purchaser of muddamal articles, namely, Ganja around 8 kg on the basis of the statement of the accused Nos.1 and 2. As per notification dated 19.10.2011, the commercial quantity of Ganja is 20 kg and thus, the quantity in the present case is below the commercial quantity prescribed in the said notification and therefore, provisions of section 37 of the NDPS Act will not apply to the present case. Further, it appears that the accused Nos.4 and 5 are enlarged on bail, who were also alleged to be supplier/ receiver of the contraband Ganja and therefore, on the ground of parity, present Criminal Misc. Application deserves consideration.