SHAFFI MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three bail applications are under S. 439, Cr. P.C. for grant of bail during the pendency of the trial in respect of offence u/Ss. 8/20, 8/20 and 8/18 respectively of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act" hereinafter) respectively.

(2.) In Bail Application No. 1182/05 Shaffi Mohammed v. State, a FIR No. 715/04 was registered u'/S. 8/20 of the Act at Police Station Kotwali, Baran as 4 kg. 400 gms. Ganja was recovered from the possession of the accused-petitioner on 21-11-2004. In Bail Application No. 1195/05 Mohan Singh v. State, FIR No. 402/04 was registered at Police Station, Sevar (Bharatpur) u/S.8/20 of the Act as 300 grams Charas was recovered from the possession of the accused-petitioner on 21-11-2004. Similarly, 1 kg. Opium with bag was recovered from accused-Sita Ram on 20-12-2004, therefore, FIR No. 185/04 was registered against him for the offence u/S. 8/18 of the Act at Police Station Harnavda Shahji, Distt. Baran.

(3.) The learned counsel for the petitioners submit that Ganja, Charas and Opium recovered in these cases are less than the "commercial quantity" as defined u/S. 2(viia) of the Act, which means any quantity greater than the quantity specified by the Central Government by Notification in the Official Gazette. The Central Government has issued notification specifying commercial quantity. The Ganja, Charas and Opium has been mentioned at S. Nos. 55, 23 and 92 of the Table of the Notification, which specifies the commercial quantity as 20 kgs., 1 kg. and 2.5 kgs. respectively. The quantity recovered in the present case is much less than the commercial quantity.