DASHWATH JAGRAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in this petition seeks bail. The allegation is that 18 ganja plants were found in 20 cents of his chilly garden and that the police filed the First Information Report under Section 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act"). The petitioner was arrested and was sent to judicial custody on 3-1-1997, by the learned Judicial First Class Magistrate at Achampet and he is now in judicial custody. In the remand report it is stated that the petitioner/accused was in possession of the ganja plants.

(2.) The learned counsel for the petitioner contends that Section 37 of the N.D.P.S. Act does not in any way restrict the power of the High Court and the Sessions Court under Section 439 of the Criminal Procedure Code, 1973. But, this contention has no legs to stand because the question is no longer res integra and is concluded by the decisions of the Supreme Court in Narcotics Control Bureau v. Kishan lal, (1991) 1 SCC 705 : (1991 Cri LJ 654) and Union of India v. Thamisharasi, (1995) 4 SCC 190 : (1995 AIR SCW 2543). In Kishan Lal's case, (1991) I SCC 705 : 1991 Cri LJ 654, the Supreme Court has considered the scope and ambit of Section 37 of the N.D.P.S. Act and has observed that it starts with

(3.) This position is reiterated by the Supreme Court in Thamisharasi's case, (1995) 4 SCC 190 : (1995 AIR SCW 2543), further elucidating the position as follows (at pp. 2549 and 2550 of AIR SCW)