SHARADKUMAR TANSUKHLAL SHROFF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Revision, the Petitioner challenges the order dated 4.7.1997 passed by the learned Special Judge, Pune, in NDPS Cri. Misc. Application No.4 of 1997. The Applicant is being prosecuted in connection with C.R.No.106/97 of Vishrambaug Police Station, Pune, under the provisions of the N.D.P.S Act as he was found in possession of some pills called as "Sanan Manukka".

(2.) THE Applicant preferred Misc. Application No.4 of 1997 for grant of bail on the ground that the offence not punishable under section 20(b) of the N.D.P.S Act. According to the Applicant the report of Chemical Analyser is incomplete and ambiguous inasmuch as it does not categorically state as to whether the material found was charas or any other type of cannabis i.e. ganja or opium. According to the Applicant if the contraband is found to be ganja then he can apply for bail as there is no bar under section 37 of the N.D.P.S Act. The said application having been rejected by the learned Special Judge, the present application is filed invoking the inherent jurisdiction of this Court.

(3.) WRIT be sent down forthwith.