9911796707
TMI Blog2025 (4) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... odged by Local Crime Branch Officer, Buldhana, who received a secrete information that one person in a car is coming towards Tunki Shivar by Warwat Bakal to Tunki Road near the filed of Dharmendra Mahadev Ingle transporting the contraband articles ganja. Therefore, in presence of the panchas, he had conducted the raid at the field of Dharmendra Mahadev Ingle and during the said raid, one white colour Maruti Swift Car bearing registration No.DL- 10-AE-4252 was searched. During the search, it was found that the applicant was driving the said car and contraband 'Ganja' weighing about 50 kg. was found in the back seat of the said car. The description of the contraband articles was of greenish colour seeds, leaves, stalk, stems and roots and oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is within the definition of Ganja. As far as the mandatory provisions are concerned, which are followed by the investigating agency. It is further submitted that now the CA reports are also received and trial can be commenced at any stage. In view of that the application deserves to be rejected. 5. There is no dispute that commercial quantity in relation to NDPS Act for 'ganja' means any quantity greater than 20 kg. The Section 2(iii) (b) and (c) defines 'Ganja' as the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever, name they may be known or designated, and any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant. Thus, on perusal of the material on record shows that what was seized was plant i.e. leaves, seeds, stems and stalks and without separating the same, the ganja was weighed. As the seized material was not weighed and after separating the leaves and the other parts and moreover it is not along with the flowering or fruiting tops. Therefore, it is difficult to ascertain whether quantity can be said to be commercial. 8. In view of Section 37 of the NDPS Act, the power to release an accused on bail subject to the limitation contained in Section 439 of the Cr.P.C. coupled with the limitation contemplated in view of Section 37 itself, mainly (1) there are reasonable ground for releasing that accused is not guilty of such offence, (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant, prima facie involvement of the applicant is difficult to hold. Moreover, there is inordinate delay in conducting the trial and, therefore, the right of the accused of speedy trial is affected. Recently, the Hon'ble Apex Court in the case of Ankur Chaudhary Vs. State of Madhya Pradesh in Special Leave to Appeal (crl.) No.4648/2024, by referring the earlier decisions held that inordinate delay in trial is affecting the right of the accused of a speedy trial, which is violation of article 21 of the Constitution of India. In view of that also, the applicant has made out a case for grant of bail. Accordingly, I proceed to pass the following order: ORDER i) The application is allowed. ii) The applicant- Mohammad Jakir Nawab Ali, be r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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