DAMODHAR LAXMAN CHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in Crime No. 6008/2009 registered with ambad Police Station, Dist. Jalna, for the offence punishable under Section 20 of the narcotic Drugs and Psychotropic Substances act, 1985 dated 1st of February, 2009.

(2.) There is ample material on record to show that the applicant had cultivated 10 cannabis plants in his agricultural field. The cannabis plants were tried to be concealed in the vegetable plants.

(3.) Section 37, almost prohibits bail to accused persons having prima facie committed offence under Sections 19, 24 and 27 (A) of the Narcotic Drugs and Psychotropic substances Act, 1985. It also provides that if an accused is prima facie seen to have committed offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and psychotropic Substances Act, 1985 his bail is almost impossible. But the present applicant is not the accused of offence under Section 20 (b) (ii) (C) of the said Act. He apparently committed offence under Section 20 (a) (i ). Besides, the number of plants found with the applicant in the agricultural field were merely 10. The weight of the plant was also 172 Grams, which indicates that the plants were very small. The applicant does not have any criminal antecedents, I think, the applicant makes out a case for bail. The application is allowed. i) The applicant is released on bail of (Rs. 15,000/- Rs. Fifteen Thousand only)with one surety in the like amount. Application allowed.