Ghanshyam @ Monu S/O Harichand Agrawal v. State Of Mah. Thr. Pso Ps Rawanwadi Tah. And Dist.Gondia

34.ba.1357.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1357 OF 2022 Ghanshyam @ Monu S/o Harichand Agrawal .Vs. State of Maharashtra, through P.S.O., P.S. Rawanwadi, Tah. & Dist. Gondia Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.N. Marshettiwar, Advocate for the applicant. Ms Shamsi Haider, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 20/12/2022 1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.226 of 2021, registered with Police Station: Rawanwadi, District: Gondia, for the offences punishable under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

In this crime, 70 kg of Ganja was recovered from the applicant.

4.

The learned counsel for the applicant submits that the house was not belonging to him but it belongs to relative and he is no way connected with the alleged offence as he was not in conscience possession of the contraband. C.L.Dhakate

34.ba.1357.22.odt 5.

After going through the charge-sheet and particularly, the spot panchnama, it is revealed that the room in which the contraband was found and from where it was seized, the key of the said room was with the applicant. When a specific query was made to the applicant about the three bags found in the said rooms, he himself informed that it contains Ganja.

6.

Thus, the submission of the learned counsel for the applicant cannot be accepted that he was not conscience possession of the contraband.

7.

Considering the evidence collected by the Investigating Officer there is no reasonable ground to believe that the applicant is not involved in the alleged offence. In the circumstances, the criminal application is rejected.

8.

The learned trial Court is requested to expedite the trial.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate