The Gujarat High Court in the case Goganbhai Rambhai Shekh vs. State of Gujrat observed and has allowed a criminal miscellaneous application, the court also granted bail to an accused in a Ganja cultivation case, wherein citing intermediary quantity and lack of criminal antecedents.
In the case an application was filed wherein seeking grant of regular bail after the charge-sheet was filed in connection with an offence registered under Section 8(b), Section 8(c), Section 20(b), Section 20(a)(i) and Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, NDPS Act.
It has been argued by the counsel, Mr. DC Sejpal appearing for the applicant for the bail and has contended that the case of prosecution was for an intermediary quantity of Ganja possession, which being greater than the small quantity but the same being less than the commercial quantity. It has also been claimed by him that even if the quantity mentioned in the FIR and charge-sheet is assumed to be correct, the same would also not apply the rigours of Section 37. Thus, the maximum punishment for the alleged offence against the applicant would be ten years imprisonment and a fine under Section 20 of the NDPS Act.
It has also been argued by Additional Public Prosecutor, Mr. KM Antani that the accused was found in possession of cannabis sativa plant, which being a serious offence under the NDPS Act. Further, it has also been contended by him that despite the maximum punishment being up to 10 years, the accused needs not to be released on bail due to the gravity of the offence.
The bench headed by Justice Umesh A Trivedi in the case observed and has pointed out that the Police swung into action which being on prior information about a cultivation of Ganja and six plants have been recovered, as the same is being claimed in the FIR, of Ganja which weighted 5.05 kilograms.
Accordingly, the court also placed Reliance on the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation.
