SUBHASH BABURAO INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocate for the Applicant and the learned A.P.P. for State. The offence registered against the Applicant is under Sections 8, 20, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act of 1985). The allegation against the applicant is that on 22nd July 2005 he was found in possession of about 160 gms. Ganja.

(2.) THE learned Advocate for the Applicant submitted that the Applicant is in custody from 22nd July 2005 and when Section 37 of the said Act of 1985 is not applicable, the Applicant is entitled to be enlarged on bail. The learned A.P.P. accepted that the quantity of the Ganja found in possession of the Applicant is only 160 gms. On instructions of the Investigating Officer he pointed out that the Applicant has no criminal antecedents.

(3.) HENCE I pass the following order: