RAKESH RAMPRASAD JATAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applications are preferred by the applicants for grant of bail in connection with Crime No.697/2024 registered with Railway Police Station (GRP) Nagpur for the offence punishable under Ss. 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act').

(2.) On 14/6/2024 when the officers of the GRP Railway apprehended two persons on suspicious circumstances and during interrogation with them the said two persons informed that they were carrying three bags containing ganja brought from Kesinga, Orissa. The said two persons have further informed that they were going Gwalior for selling the said contraband articles by Tamil Nadu Express and they have also informed that they have procured the said ganja, thereafter the information was forwarded to the superiors in view of Sec. 42 of the NDPS Act. The notices under Sec. 50(1) of the NDPS Act were also issued to both the applicants. The samples were drawn in presence of the panchas and after completion of the investigation, the charge-sheet is filed. The inventory report is also prepared before the Magistrate. On the basis of the same, the charge-sheet is filed against the present applicants as they were found in possession of the contraband articles ganja.

(3.) Heard learned Counsel for the applicants, who submitted that the description of the contraband article ganja is not mentioned either in the FIR or the spot panchanama. It is not included flowering or fruiting tops and without segregating the same it was weighed. He also invited my attention towards the inventory report and submitted that the inventory report shows the total weight of ganja in three bags came to the tune of 19.605 Kg. Thus, it is not a commercial quantity but it is intermediate quantity and the rigor under Sec. 37 of the NDPS Act will not attract. In view of that, he submitted that the applicants be released on bail. He further submitted that there are no criminal antecedents against the present applicants.