VIJAY VARMA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. K. Raikar, learned Counsel for the applicant, and Mr. S. G. Bhobe, learned Public Prosecutor for the respondents.

(2.) This is an application for bail for the offence punishable under Sec. 20(b)(ii)(B) of the NDPS Act registered with Anti Narcotic Police Station vide Crime No. 10/2023. The applicant was arrested on 12/3/2023 and was found in possession of 3 kgs of the substance Ganja. The learned counsel for the applicant submits that the applicant was found in possession of variable quantity and not commercial quantity. To attract the rigor of Sec. 37 of the NDPS Act the commercial quantity is 20 kgs of Ganga. The learned counsel for the applicant submitted that the applicant has to maintain his wife and two minor daughters and he is only earning member in the family.

(3.) Learned Public Prosecutor for the respondent opposed the application for bail on the ground that on an earlier occasion the applicant was arrested as he was found in possession of 4 kgs of Ganja. He submitted that there is every possibility that the applicant may commit such an offence in the future having past antecedents. The applicant has been released on bail in respect of crime No. 138 of 2022 on the condition imposed by the learned trial Court. The applicant is in custody since his date of arrest i.e.12/3/2023 for a period of more than one and half months. The chargesheet will be filed in due course. According to the learned counsel, the applicant has been falsely implicated.