JARDAR ALIAS JORDAR Vs. STATE OF M P

JUDGEMENT

(1.) By this application filed under Section 439 of the Cr.P.C., the applicant Jardar @ Jordar has moved the application for grant of bail being implicated in Crime No. 128/2012 registered by Police Station, Bhagwanpura, Distt. Khargone for offence under Section 8/20 of the NDPS Act. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that the applicant was found in possession of 8 kg of ganja (narcotic contraband). He, however, submitted that the ganja was not recovered from the conscious possession of the applicant. He had full chance of success in the trial and if at all this was first attempt by the applicant and the trial is likely to take long time. Counsel prayed for grant of bail since the applicant has been arrested on 27-4-2012.

(2.) Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant and has stated that the quantity of ganja was 8 kg., whereas the commercial quantity according to the Schedule along with the Act at Sl. No. 55 indicates that 20 kg and above of ganja is said to be commercial quantity. He candidly admitted that there are no criminal cases recorded against the applicant. He, however, prayed for dismissal of the application.

(3.) On considering the above submissions, I find that there is confusion created due to Entry No. 23 under Schedule under the NDPS Act, which states that for cannabis and cannabis resin, charas and hashish the commercial quantity as prescribed would be 1 kg and above. Ganja is cannabis when translated in English and therefore, the confusion.