Narayan Vishnu Shinde v. The State Of Maharashtra

2025:BHC-AUG:591 {1} BA 2321 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 2321 OF 2024 Shri Narayan S/o Vishnu Shinde Age: 43 years, Occu.: Agriculture, R/o. Mangloor, Cha. Sambhajinagar, Tq. and District Cha. Sambhajinagar.

....Applicant

Versus

The State of Maharashtra .....Respondent .....

Advocate for Applicant : Mr.A.K.Bhosle h/f. Mr.Vishnu B.Madan APP for Respondent : Mr.N.D.Batule .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 08 JANUARY, 2025 PRONOUNCED ON : 10 JANUARY, 2025 ORDER :

1.

This is a regular bail application in Crime no.0450 of 2024 registered at Karmad Police Station, Dist.Chhatrapati Sambhajinagar for offence under Sections 8(b) and 20(b) of the Narcotics Drugs and Psychotropic Substances Act.

2.

Learned counsel for the applicant pointed out that applicant is arrested in above crime on 09-11-2024. That there are allegations

{2} BA 2321 OF 2024 that applicant was cultivating prohibited Ganja plants, weighing 14 kg. However, segregation was not done and the quantity of unsegregated seized Ganja plants is below commercial quantity. It is pointed out that applicant has no criminal antecedents. He is behind bars since near about two months. That nothing is to be recovered and hence, he seeks relief of bail. Learned counsel pointed out that in similar case with similar allegation, as quantity was below commercial quantity, this Court was pleased to grant bail vide order dated 06-12-2024.

3.

Learned APP opposed the application on the ground that applicant was apprehended with Ganja plants in his field. That there is provision of punishment of imprisonment for ten years for cultivating Ganja plants. That investigation is still in progress and hence, he prays to reject the application.

4.

Heard both the sides. Perused the FIR dated 09-11-2024 at the instance of official of Karmad Police Station, Tq. and District Chhatrapati Sambhajinagar, who claims to have acted on the secret information and apprehended present applicant on 09-11-2024 in his field itself, where alleged Ganja plants were cultivated. Informant

{3} BA 2321 OF 2024 claims that applicant was cultivating Ganja plants weighing 14 kg. worth Rs.70,000/- and hence on his report, crime is registered for above offence and applicant is said to be taken in custody. Admittedly, quantity of Ganja plants seized is shown to be 14 kg. Learned APP does not deny that it is below commercial quantity. Only ground for opposing relief is that investigation is in progress. However, on Court query, learned APP conceded that seizure is already despatched to Chemical Analyzer. Therefore, in the light of above, relief as prayed deserves to be granted. Hence, the following order :

ORDER

(i) Application is allowed.

(ii) Applicant Shri Narayan S/o Vishnu Shinde be released on bail in connection with Crime no.0450 of 2024 registered with Karmad Police Station, Tq. and District Chhatrapati Sambhajinagar on executing Personal Bond of Rs.15,000/- with one surety in the like amount. (iii) Applicant shall not tamper prosecution evidence. ( ABHAY S. WAGHWASE ) JUDGE SPT