2023 (3) TMI 1645

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....t, who is facing trial in NDPS Special Case No.617 of 2021, Sessions Court, Mumbai, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The case of the prosecution in brief is that on 24/11/2020 at about 15.15 p.m. the Complainant found the Applicant moving around in a suspicious manner with two travel bags. When the police team went towards him, he tried to run away from the place of the incident. He was caught and his travel bags were seized and opened in presence of panchas. It is stated that the accused was carrying 10 kg of Ganja in one bag and 11 Kg of Ganja in the other bag. It is stated that the sample of Ganja was drawn in presence of the panchas and was sent ....

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....f the contents contained in both the travel bags before drawing from the bags looses the sanctity of the entire process. 6. Per contra, Mr. Pethe, learned APP for the Respondent - State has relied upon the decision of the Apex Court in Shivkumar Mishra vs. State of Goa, (2009) 3 SCC 797 as well as the decision of the learned Single Judge of this Court in Santosh Apposo Naik vs. The State of Maharashtra (Bail Application No.951 of 2022) to counter the submissions that leaves, seeds and stalks ought to have been excluded while weighing the seized 'Ganja'. He further contends that the sample has been drawn in accordance with law. 7. I have perused the records and considered the submissions advanced by learned counsel for respecti....

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.... seeds and stalks were accompanied by the flowering or fruiting tops of the Canabis plant. A perusal of the decision in Shivkumar (supra) and Santosh Appaso Naik (supra) reveals that seized 'Ganja' in the aforestated cases was accompanied by flowering or fruiting tops. In this fact situation, the aforestated decisions are distinguishable. 10. It is the case of the prosecution that the Applicant was in possession of commercial quantity of 'Ganja' i.e. more than 20 kgs of 'Ganja'. The records prima facie reveal that the total weight of 'Ganja' allegedly seized from the Applicant was 21 kgs., which is 1kg in excess of the quantity specified by the Government in the notification. As noted above, the substance,....