Shubash Dattu Pawar v. The State Of Maharashtra

ppn 1 28.ba-513.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.513 OF 2017 Shubash Duttu Pawar ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.Viresh V. Purwant for the applicant.

Ms.S.S.Kaushik, Additional Public Prosecutor for the respondent. --- CORAM : T.V. NALAWADE, J.

DATE : 9th August 2017 P.C. :

.

The application is filed for the relief of anticipatory bail. Both the sides are heard. Papers of investigation were made available for perusal of this Court.

2.

Police received secret information that the present applicant was in possession of ganja and ganja was present in his house. Police visited the house of the present applicant and in presence of panch witness and in presence of the present applicant, search of the house was taken. Ganja weighing 6.6 kg worth Rs.26,400/- was recovered from his house. Ganja was seized after collecting the sample. It is ascertained that the material seized is ganja. Ganja sealed was not in a commercial quantity.

3.

In view of this circumstance, bar of provision of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is not applicable. So the Court can used the discretion. Submissions made show

ppn 2 28.ba-513.17.doc that there are no bad antecedent of the present applicant. In the result, the application is allowed.

4.

The application is allowed. The applicant is to be released on bail in C.R. No.508 of 2016 registered with Barshi City Police Station for the offences punishable under Sections 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 on his furnishing P.B. and S.B. of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of the like amount. The applicant is not to tamper with the prosecution witnesses. He is not to commit similar offences.

T.V. NALAWADE, J.