Mr. Jaswantsing @ Senti Puransing And Another (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Katol Dist. Nagpur

1 ba590.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.590/2017 Mr. Jaswantsing @ Senti Puransing and another ..Vs..

State of Maharashtra, through Police Station Officer, P.S. Katol, Distt. 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.P. Meshram, Adv. for the applicants.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 17.7.2017.

Heard.

The applicants are arrested on 8th September, 2016 in connection with Crime No.347/2016 registered for the offence punishable under Sections 8(c), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act read with Section 34 of the Indian Penal Code.

According to the investigating agency, co-accused Amitsingh Tomar and Vijaypal Koi were travelling in the car owned by father of co-accused Nikhilesh and driven by the applicants 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

2 ba590.17 agency reached to the godown where about 350 kgs. Ganja was stored. The owner of godown, Manishsingh is also co-accused. The applicants claim that they are not involved in the crime and are plying taxi and in due course of their business they had picked up Amitsingh and Vijapal from the railway station and were taking them to Katol.

The applicants claim that they have no nexus with the crime and they were engaged to bring the passengers in the vehicle. Both the applicants claim to be Drivers by profession.

Criminal Application (ABA) No.414/2017 filed by co-accused Nikhilesh Dinesh Bakshi is dismissed by order passed by this Court on 3rd July, 2017. Considering the facts of the case and the nature of accusations against the applicants, I am not inclined to grant the prayer made in the application. The application is dismissed, however, the Special Court is directed to expedite the trial.

JUDGE Tambaskar.