Shantilal Vs. State of Rajasthan

narcotic drugs and psychotropic substances act, 1985 - sections 8/20, 27 and 37 and rajasthan excise act, 1950--bail--possession of ganja without licence--held, offence in punishable for 6 months only and section 37 cannot be pressed into service and (ii) it is punishable under excise act and not under ndps act.;under section 27 of the act, such an offence is punishable for a period six months only and, therefor, provisions of section 37 of the act cannot be pressed into service in this case. the possession of bhang without licence is not punishable under the ndps act, but punishable under the rajasthan excise act.;bail granted - - informed that he had fallen into bad society and that he has become addicted to take ganja and said ganja was for his personal consumption and not for sale. five thousand and furnishes one sound and substantial surety in the like amount to the satisfaction of the learned special judge ndps cases (sessions judge) udaipur for his regular appearance before him in the case arising out of crime no. the petitioner shall also give specific written undertaking that he shall keep peace and be of good behaviour and shall not commit any offence under the ndps act during the trial of this case......any licence for possession of the said ganja. the petitioner in his interrogation to the i.o. informed that he had fallen into bad society and that he has become addicted to take ganja and said ganja was for his personal consumption and not for sale. the i.o. has not collected any evidence to show that the petitioner is indulged in purchasing and selling of ganja. under section 27 of the act, such an offence is punishable for a period six months only and, therefore, provisions of section 37 of the act cannot be pressed into service in this case. the possession of bhang without licence is not punishable under the ndps act, but punishable under the rajasthan excise act.3. hence keeping in view all the facts and circumstances of this case, i feel that it will be just and proper to grant bail to the petitioner.4. accordingly, this bail application is allowed and it is ordered that the petitioner-shanti lal be released on bail provided he executes personal bond for a sum of rs. 5,000/- (rs. five thousand and furnishes one sound and substantial surety in the like amount to the satisfaction of the learned special judge ndps cases (sessions judge) udaipur for his regular appearance before him in the case arising out of crime no. 29/95 police station jhadol on each and every date of hearing and whenever ordered to do so. the petitioner shall also give specific written undertaking that he shall keep peace and be of good behaviour and shall not commit any offence under the ndps act during the trial of this case.