1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2751 OF 2009 (Sau.Ushabai Prabhakar Wagh Vs. State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.S.Runwal, adv., for the applicant. Mr. K.M.Suryawanshi, APP, for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:25/8/2009 ... P.C.: 1. Heard learned Counsel extensively. 2. Bail in Crime No.22/2009 ( Special Case No.28/2009) registered at Dhule City Police Station for offense under Section 20(b), 22 and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 ( hereinafter referred as "NDPS Act" ) is sought. The Counsel informs, the accused being a female, needs protection. She is in custody from 23rd March, 2009. 2 3. Based on information, a raid was arranged wherein allegedly 2 kg 568 gms of Heroin was taken charge. Two samples were drawn, each of 50 gms and the Chemical Analyzer, on analyzing the samples, recorded that Heroin (Diacetyl Morphine) along with other opium alkaloid is detected in the exhibit. The exhibit contains about 0.7% of Heroin. The exhibit falls under Section 2(xvi) e of the NDPS Act, 1985. 4. The contention is that even if by calculation, Heroin is seen, it would be not more than 17 gms and hence it will not attract mandate of "commercial quantity". The learned Judge seized with the matter has observed, the same to be 35 gms by making calculations. At this stage, I am not called upon to make such calculations but the fact remains that in the search of the house, a plastic bag containing contraband item was found. The accused and her husband are only the residents of the said house; though Counsel informs, there is no 3 personal recovery, however, by that itself will not be a ground to seek bail. In the situation, the application is rejected, however, with directions. ORDER The application for bail rejected. Learned Judge seized with the matter will ensure to dispose of the matter within six months of receiving the record. (K.U.CHANDIWAL) JUDGE ... agp/2751-09crapl ...