The High Court at Bombay allowed a criminal bail application filed by a ganja farmer accused of cultivating 15.2 kg of ganja. The court granted bail, requiring security of Rs. 25,000, noting the quantity was non-commercial and no antecedents were found.
Release on bail on furnishing PR and SB of Rs. 25,000/- with one solvent surety of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri. Appln. No.301/14
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 301 OF 2014
Raju s/o. Khema Rathod ....Applicant. Versus The State of Maharashtra ....Respondents.
Mr. B.M. Dhanure h/f. Mr. S.B. Talekar, Advocate for applicant. Mr. B.L. Dhas, APP for State.
CORAM : T. V. NALAWADE, J. DATED : 21st February, 2014.
ORDER :
Cri. Appln. No.301/14
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the value of Ganja around thirty thousand was seized. This land was shown by Village Officer. However, the applicant was not present at the relevant time. It is the case of applicant that he was not in possession of the said land and due to dispute, he was not cultivating the land. This submission cannot be considered at this stage. The submissions made show that he has been behind bars since September 2013. As quantity seized is not commercial quantity, this Court holds that bail needs to be granted to the applicant. No criminal antecedents are informed against the applicant.
[ T. V. NALAWADE, J. ]
ssc/
1 issue framed by the court
Whether bail should be granted to the applicant in a case involving cultivation of ganja given the quantity seized is not commercial.
Raju s/o. Khema Rathod
The State of Maharashtra
T. V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
