IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 771/08 Papa Abdul Jabbar vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 31 st MARCH, 2008. Heard Shri A.B.Mirza, Advocate, for the applicant and Smt. Khade, A.P.P. for respondent. This is an application under Section 439 of Cr.,P.C. for grant of bail. The applicant is being prosecuted for the offence under N.D.P.S. Act, particularly Sections 20 & 22 of the Act. It is claimed that Ganja weighing about 13 Kg. was recovered. However, it seems that the same was recovered from the other co- accused. As contended by the learned counsel for the applicant, no recovery of contraband was made from the present applicant. The allegations against the present applicant is that the co-accused had brought this Ganja for the applicant. No doubt, several offences are alleged against the applicant, but the fact remains that the Ganja was seized from the other accused and on the strength of statement of other accused that it was brought for the present applicant, this applicant is proceeded. In these circumstances, bail is warranted. Applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to condition that he shall attend the trial regularly and shall not commit any offence in future. It is made clear that the above observations are in prima faice view of the matter and shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. Bail in lower Court. JUDGE Rvj.