Allowed

Shivaji Mahadev Patil v. the State of Maharashtra

Bombay HC8 May 2012BA/522/2012

Case brief

AI extract

What is this about?

In a bail application, a 64-year-old farmer accused of cultivating 30 kg of opium plants sought release. The court addressed whether the seizure quantity attracted the mandatory bail bar under Section 37(b) of the NDPS Act and granted bail.

What did the court decide?

Release of the applicant on bail in the sum of Rs. 50,000 with one surety in the like amount or two sureties in the sum of Rs. 25,000 each.

Shivaji Mahadev Patil Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2012)

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906.ba.522.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 522 OF 2012

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Shivaji Mahadeo Patil ..Applicant (Orig. Accused)

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-Versus-

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The State of Maharashtra ..Respondent

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Mr. Anand S. Patil, Advocate for the Applicant.

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Mr.J.P.Kharge, APP for the State-Respondent.

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CORAM : A.M. THIPSAY, J. DATE : 8^TH MAY 2012.

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P.C.

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. Heard Mr.Anand Patil, learned advocate for the applicant and Mr.J.P.Kharge, learned APP for the State.

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2 The applicant is alleged to have committed offences punishable under Section 18 and Section 32 read with Section 46 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’). The substance of the allegation against him is that he had cultivated opium plants in his farm. It appears that opium plants weighing about 30 kg. were found in the farm of the applicant and they came to be seized.

ms.s.k.talekar

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906.ba.522.12

3 The applicant is in custody since 1^st March 2012. Investigation is over and charge-sheet has been filed.

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4 The applicant is of 64 years of age. He is a farmer. There are no antecedents.

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5 The only question is whether the bar under Section 37 of the NDPS Act applies to the instant case. In other words, the question is whether the opium poppy seized from the farm of the applicant, can be said to be of commercial quantity.

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6 Mr.Kharge, the learned APP has drawn my attention to a notification issued by the Ministry of Finance, Department of Revenue, which specifies what are the small quantities and what are the commercial quantities with respect of the narcotic drugs and psychotropic substances, to which the NDPS Act applies. The note 3 below this notification reads as under :

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“3. “Small Quantity” and “Commercial Quantity” with respect to cultivation of opium poppy is not specified separately as the offence in this regard is covered under clause (c) of section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.”

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906.ba.522.12

7 A reading of Section 37 of the NDPS Act makes it clear that unless the bar provided by clause (b) thereof is attracted, the Court will have discretion to release the offendor on bail. In other words, for releasing a person on bail, to whom clause (b) of Section 37 does not apply, it is not necessary that the Court should be satisfied that there are reasonable grounds for believing that such person is not guilty of an offence contemplated under the NDPS Act.

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8 The applicant is not likely to abscond if released on bail. In the circumstances, it would be proper to release him on bail.

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9 The applicant is ordered to be released on bail in the sum of Rs.50,000/- (Rupees Fifty thousand only), with one surety in the like amount or, two sureties in the sum of Rs.25,000/- each.

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( A.M. THIPSAY, J. )

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ms.s.k.talekar

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Shivaji Mahadev Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivaji Mahadev Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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