Fakira Masum Tadvi v. The State Of Maharashtra
1 ABA 1602-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1602 OF 2019 Fakira Masum Tadavi ...Applicant
Versus
State of Maharashtra
...Respondent
.......
Mr. Joydeep Chatterji, Advocate for the Applicant Mr. V.S.Badakh, A.P.P. for Respondent-State .......
CORAM :
R. G. AVACHAT, J.
DATE :
06.01.2020 ORAL ORDER :
This is an application u/s 438 of the Criminal Procedure Code.
02.
The applicant claims to have reasonable apprehension of being arrested in connection with Crime No. 152/2019 registered with Jillapeth Police Station, Dist. Jalgaon for offence punishable under Sections 8(C), 20, 22 of the NDPS Act.
2 ABA 1602-19 03.
The first information report (F.I.R.) has been lodged by Police Constable attached to Jillapeth Police Station, Jalgaon. On getting a secret information, two persons namely Vicky Sonawane and Tanveer Tadvi (accused) were over powered at the Bus Station. On search of two bags with them, it was found that the bags contained 31 Kg of Ganja.
04.
On investigation, charge-sheet has been filed. It is the case of the prosecution that on enquiry with the accused persons, it was revealed that they had brought the contraband (xaktk) from a person by name Fakira. On the basis of the said information, the applicant has been named as an accused in the charge-sheet.
05.
The accused Vicky and Tanvir did not give full name of Fakira. The learned A.P.P. would submit that this applicant was in continuous contact with the arrested accused on cell phone.
The Investigating Officer appears to have made no investigation to find whether the applicant in fact did sell narcotics like Ganja. Admittedly, the applicant has no criminal antecedents. The arrested accused did not
3 ABA 1602-19 give full name of the person from whom they had brought Ganja. The first name of the applicant only tallies with the name disclosed by the arrested accused. Only this much material is grossly inadequate to curtail the liberty of the applicant by taking him in the custody. 06.
With a view to give the Investigating Officer full liberty to make investigation to find as to whether it is the applicant from whom the arrested accused had brought Gajna, I am inclined to grant the applicant anticipatory bail for limited duration of 6 months. Thereafter, the case of the applicant can be reviewed on the basis of further material, if any, that may be collected during investigation.
07.
In view of the above, the application deserves to be allowed. Hence, the following Order;
O R D E R
(i) Application is allowed.
(ii) In the event of arrest of the applicant namely Fakira Masum Tadavi, he be released on bail in connection with Crime No.152/2019
4 ABA 1602-19 registered with Jillapeth Police Station, Dist. Jalgaon for offence punishable under Section 8(C), 20, 22 of NDPS Act, on his executing P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) and surety bond in the like amount.
(iii) Grant of this anticipatory bail is for the duration of 6 months only.
(iv) The applicant shall not tamper with the prosecution evidence in any manner.
(v) Application is disposed of accordingly.
[R.G.AVACHAT] JUDGE Dahibhate/-