1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3617 OF 2009 Sunil S/o.Abhiman Gadhave APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Mukul Kulkarni, learned counsel for the applicant. Mr.N.B.Patil, learned APP for the respondent. (CORAM : A.V.POTDAR, J.) DATE : 11/11/2009 PER COURT : 1. By the present application, the applicant accused arrested in connection with CR No.4/2009 by Murum Police Station, Dist. Osmanabad for an offence allegedly u/s.20(B) of The N.D.P.S. Act prayed to release him on bail. 2. Heard learned counsel Shri.Kulkarni for applicant accused followed by the arguments of learned APP for State respondent. The papers of investigation annexed with the application shows that charge sheet is already filed and the cognizance is already taken by the Special Court, Osmanabad on 28/05/2009 against the applicant accused and others for an offence punishable u/s. 20(B) of The N.D.P.S. Act which indicates that in this case investigation is over. 2 The FIR as well as the contents of the charge sheet discloses that the accused was apprehended while on the basis of specific information, car bearing registration No.MH-12/EM-7505 was apprehended by the staff of police officers attached to Murud Police Station near one Om Bhojanalaya, situated in Dastapur Shiwar. The search of the car resulted in the recovery of 4 gunny bags containing 70 kg. of contraband locally known as “Ganja”. The applicant accused was found in possession of car alongwith Mayur Parakash, who is r/o.Barshi while the present accused is r/o.Madha, Dist. Solapur and as per the First Information Report, one person who was travelling in the car ran away after the car was stopped. Considering the contents of this FIR as well as the disclosure in the charge sheet shows that the applicant accused was travelling in the car which was used for the transportation of “Ganja” as defined under The N.D.P.S. Act. Considering the huge quantity of contraband articles which were found recovered from that car, in which applicant accused was travelling who claims that he is not in conscious and exclusive possession of those contraband articles, which can not be considered at the stage of hearing of the bail application, but this point to be considered at the time of trial. Considering this disclosure of facts in the charge sheet, no case made out to release the applicant accused on bail. Hence, bail application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3617-09