RAFIQUE RAJAK JAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Application of the petitioner for grant of bail has been rejected by the Additional Sessions Judge, Pune and therefore, present application has been filed.

(2.) The petitioners were found in possession of 23 kgs. of Ganja, worth Rs.3,50,000/- when raided the vehicle in which they were going. The Additional Sessions Judge, Pune, rejected the application mainly because of the stringent provisions of section 37 of the NDPS Act. The offence alleged against the petitioners is under section 20(b) of the said Act. The same is punishable with imprisonment which may extend to 5 years. Section 37 of the NDPS Act is attracted in respect of the offences punishable with imprisonment of 5 years or upwards. The single Judge of this court have taken such a view that section 37 is not applicable and I have also taken likewise view in some of the decisions. As such, when offence is punishable with imprisonment upto 5 years, that way provisions of section 37 are not attracted. Application of the petitioners for grant of bail deserves to be granted, but having regard to the grievance of the Respondent-State about the petitioners being residents of Atpadi, when offence is committed at Pune, certain conditions can be imposed upon them.