Bombay High CourtBA/414/2017dismissed

Nikhilesh Dinesh Bakshi (In Jail) v. State Of Maharashtra Thr. P.S.O. Police Station Katol Dist. Nagpur

2017-07-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba414.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 414 OF 2017 (NIKHILESH DINESH BAKSHI...VS.. STATE OF MAH. THR. P.S.O. KATOL, DIST. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.D.Khamborkar, Advocate for applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 03, 2017.

Heard.

The applicant is arrested on 8th September, 2016 in connection with crime registered against him and 10 others for the offences punishable under Sections 8(c), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the Investigating Agency, co-accused Amitsingh Tomar and Vijaypal Koi were travelling in the car owned by father of the applicant and driven by the applicant at the time of incident. The car turned turtle on the side of the road, it was noticed by policemen and Amitsingh Tomar and Vijay Koi were found with minor injuries and on search 83 parcels containing 189 kgs. Ganja was found in the car and as the investigation progressed the Investigating Agency reached to the godown where about 350 kgs. Ganja was stored. The owner of godown Manishsingh is also co-accused. The applicant claims that he is not involved in the crime and he is plying taxi and in due course of his business he had picked up Amitsingh and Vijaypal from the Railway Station and was taking them to Katol.

2 ba414.17 The application is opposed on the ground that the offence is serious. The learned A.P.P. has argued that though the applicant claims that he is plying taxi regularly, the applicant is not having permit for plying taxi. Considering the nature of the offence, I am not inclined to grant the prayer made in the application. The application is dismissed.

JUDGE RRaut..