GHANSHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application for bail on behalf of Ghanshyam. Learned Counsel for the applicant contended that according to the case of prosecution only 200 grams of Ganja was recovered from the applicant. The minimum quantity within the meaning of section 27 of the N.D.P.S. Act is 500 grams. Thus, offence for which the applicant is punishable is u/S. 27. It provides for a sentence of one year only. Section 37 (b) does not apply to this case if the applicant is habituated of taking Ganja he can keep small quantity. Learned counsel for the State contended that it is not disputed that only 200 grams of Ganja was recovered from the applicant. Taking into consideration the facts and circumstances of the case, the applicant deserves bail. The applicant shall be released on bail if he furnishes two sureties of Rs. 25,000/ - each and a personal bond in the like amount to the satisfaction of the C.J.M. Vidisha.