Jayadabee W/O. Gouskha Pathan v. The State Of Maharashtra And Another

2024:BHC-AUG:3253 962-ABA-155-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 155 OF 2024 Jayadabee W/o Gouskha Pathan And Others ... Applicant

VERSUS

The State Of Maharashtra ... Respondents ......

Mr. P.P. More, Advocate for the Applicant Mr. N.B. Patil, APP for Respondents - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th FEBRUARY, 2024 ORDER :

1.

Applicant apprehends arrest in connection with C.R. No. 232 of 2023 registered with Paradh Police Station, District Jalna for the offence punishable under sections 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

FIR is lodged by V.S. Gusinge, Assistant Police Inspector, Paradh Police Station, Taluka Bhokardan, District Jalna stating that on receipt of secret information, they have raided the agricultural field, wherein 725 cannabis (Ganja) plants were cultivated. Those were seized and investigation commences. The field wherein raid was conducted and S.P. Rane

962-ABA-155-24 cannabis plants were seized i.e. Gut No.279, the name of applicant is shown as owner in 7/12 extract.

3.

Heard learned advocate for applicants and learned APP for respondents - State. Perused the investigation papers. 4.

True it is that the name of applicant is shown as owner of the field. In fact, the field was being cultivated by the husband of applicant namely, Gousakha Pathan, who was apprehended at the time of raid and he is in custody. There is nothing in the investigation papers to show that applicant is involved in commission of crime and/or in cultivation of cannabis plants.

5.

Considering the gender of applicant and allegations made against her, pre-trial custodial detention of applicant is not necessary as nothing is to be recovered from her. The investigation appears to be almost complete. Applicant is therefore entitled for protection.

6.

Application is therefore allowed by confirming interim protection granted to applicants by order 31.01.2024. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane