SUDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of three petitions bearing Crl. Misc. Nos. 53336-M of 2007, 50029-M of 2007 and 2530-M of 2008 for the grant of bail, as the same have arisen from the same FIR.

(2.) AS per the story of prosecution, on July 19, 2007, a Pick-up vehicle driven by Parveen Kumar was signaled to stop. On checking of the vehicle, two persons, namely, Kehar Singh and Sudhir, petitioners were found to be sitting on three gunny bags. Notice under section 50 of the NDPS Act was served upon the three persons to the effect that the three gunny bags were suspected to contain some intoxicant. They were given option to be searched in the presence of some Magistrate or some gazetted officer. The petitioners reposed faith. Gunny bags were searched. Out of each bag two samples of 100 grams each were taken out. Six packets of sample of ganja were prepared and each gunny bag was weighed. Two gunny bags weighed 22.800 kgs. while third gunny bag was weighing 24.800 kgs. The bags were sealed. The gunny bags were taken into possession vide recovery memo. An attempt was made to join independent witness. In this way, the three petitioners were allegedly found to be in possession of 71 kgs. of ganja.

(3.) I have heard counsel for the petitioners and State counsel who opposed the application. The bar of Section 37 of the NDPS Act is not applicable in case of recovery of less than 20 kg of ganja, meaning thereby, that 60 kg of ganja recovery from three persons, i.e. less than commercial quantity will not attract the provisions of Section 37 of the NDPS Act. It appears that 60 kg of ganja from the three petitioners would to some extent not prima facie attract the provisions of Section 37 of the NDPS Act.