Umabai Mansingh Pawar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2106 OF 2019 Umabai Mansingh Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.S.Ghatge, i/b Mr.N.J.Mohite, for the Applicant. Mr.S.V.Gavand, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 30th SEPTEMBER, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.320 of 2019 registered with the Manpada Police Station, for the alleged offences punishable under Sections 8(c), 20(b) and 22 of Narcotic Drugs and Psychotropic Substances Act ('the NDPS Act').

3.

Learned Counsel for the applicant states that the applicant is a lady and has no connection with the alleged offences.

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Learned APP opposed the application. He submits that during the course of investigation after the applicant's husband was arrested in the aforesaid C.R., he disclosed that the applicant had procured ganja. 5.

Perused the papers. The applicant's husband was found in possession of 7 kg 916 grams of ganja on 6th May, 2019. During the course of investigation, the applicant's husband disclosed that the applicant would order the said item i.e ganja from Andhra Pradhesh and Odisha on phone. 6.

Considering the aforesaid, custodial interrogation of the applicant is warranted to find out the sources from where the applicant was procuring ganja. Accordingly, this is not a fit case to grant pre-arrest bail to the applicant. Accordingly, the Application for pre-arrest bail is rejected and disposed of as such.

7.

It is made clear, that the observations made herein are prima facie and are confined to this application. If an application for regular bail is filed, the same shall be considered on its own merits, uninfluenced by the observations made in this order.

REVATI MOHITE DERE, J.