Tulashiram Kacharu Avhade v. The State Of Maharashtra

2025:BHC-AUG:12367 {1} BA 532 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 532 OF 2025 Tulashiram Kacharu Avhade Age: 42 years, Occu.: Labour, R/o. Parli Road, Near Flyover, Bheem Nagar, Tq. & Dist.Parbhani.

....Applicant (Applicant is in jail)

Versus

The State of Maharashtra Through Police Station Officer, Chopda City Police Station, Jalgaon, District Jalgaon.

.....Respondent .....

Advocate for Applicant : Mr. Azizoddin R. Syed APP for Respondent : Mr.V.M.Jaware .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 28 APRIL, 2025 PRONOUNCED ON : 29 APRIL, 2025 ORDER :

1.

Applicant seeks grant of regular bail on account of his arrest in crime no.0036 of 2025 registered at Chopda City Police Station, District Jalgaon, for offence under Sections 8(c), 20(b)(ii) and 22(b) of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act). 2.

It is submitted that applicant is arrested in above crime on 02-02-2025. That, on secret information about a person carrying

{2} BA 532 OF 2025 Ganja, raid was planned and Police apprehended applicant. That, quantity in possession of applicant is shown to be of 14 kg 510 gm. That, applicant is behind bars since February 2025. That, sample is already drawn and inventory is also drawn. That, no further recovery is to be made from the applicant. That, there are no criminal antecedents and as applicant is ready to abide by all and any conditions imposed by this Court, learned counsel urges for grant of bail.

3.

Learned APP opposed application on the ground that huge quantity of Ganja i.e. 14 kg. 510 gm. was found in possession of the applicant and the same has been seized and sent for analysis. Therefore, learned APP prays for rejection of the application. 4.

Heard. Perused the papers. It is alleged that, on the ground that of secret information, raid was planned and trap was laid at Varad Phata. That, at around 18:50 hours Police party intercepted two persons proceeding towards Chopda. That one person, who was wearing a blue shirt was carrying a big sack / bag and another person, who was wearing ash colour shirt accompanied him. That, they were intercepted and enquired after following due procedure.

{3} BA 532 OF 2025 That, their search was taken in presence of Panchas and in the said big bag, they were found to be carrying Ganja i.e. leaves and flowers. That, weight of the said Ganja was 14 kg. 510 gm. worth Rs.1,46,000/-. Therefore, aforesaid crime came to be registered and applicant and one other accused were arrested. 5.

Learned APP has fairly submitted that there are no criminal antecedents against the applicant. In view of the same and as sample is already drawn and inventory is also drawn, when no further purpose would be achieved by further detention, relief as prayed deserves to be granted. Hence, following order :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Tulashiram Kacharu Avhade be released on bail in connection with Crime no.0036 of 2025 registered with Chopda City Police Station, District Jalgaon, on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper prosecution evidence.

{4} BA 532 OF 2025 (iv) Applicant shall not leave jurisdiction of concerned Police Station till conclusion of trial, except for attending the dates before the trial Court.

( ABHAY S. WAGHWASE ) JUDGE SPT