GENA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Perused the case diary.

(2.) It is alleged that on 16-6-1993, one k.g. of Ganja on the carrier of Moped, which was being driven by the petitioner was recovered by the S.H.O. Police Station Kotwali, Pali for which the petitioner had no licence/permit. A case under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') has been registered and the investigation is in progress.

(3.) The only contention of Mr. Mohanani, learned counsel appearing for the petitioner is that since the offence u/s. 20 of the Act in respect of the contravention relating to the Ganja carries a punishment which may extend to five years and fine, provisions of Sec. 37(1)( b) do not apply in such a case. According to him, keeping in view the small quantity of Ganja weighing one Kg., petitioner should be enlarged on bail.