1 Criminal Application No.569/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.569 OF 2011 Naeem Habib Khan ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.F. Patni, Advocate for applicant Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 24th February, 2011 PER COURT : 1. Heard. The accused/ applicant is in custody from 12/1/2011 in Crime No.II-2/2011, registered at Parner Police Station, District Ahmednagar for offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 2. A recovery, based on discreet information was made from Shahnawaz Mohd. Khaja to the extent of 75 Kgs. of Ganja and 800 Gms. of Charas. In the statement during panchanama, he has disclosed that the Charas was purchased from accused/ applicant Naeem Habib Khan. Consequent upon such statement, the accused is nabbed. The accused/ applicant, after his custody was in police custody remand for 12 days. Nothing is recovered from him. 2 Criminal Application No.569/2011 The prosecution is unable to point out any past criminal record any case of identical nature against the accused/ applicant. The learned counsel for the accused/ applicant submits that the applicant runs a bakery shop, and permanent resident of Ahmednagar. 3. Since there is no recovery from the accused/ applicant it will seldom possible to connect him to the huge recovery of 75 Kgs. of Ganja, which attracts commercial quantity, rigidity of grant of bail in terms of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. So far as 800 Gms. of Charas is concerned sample has been sent to the office of Chemical Analyser for analysis. The role attributable to the applicant could be by aid of Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 4. The imposition contained in Section 37(1)(b)(ii) of Narcotic Drugs and Psychotropic Substances Act release on bail imply reasonable ground which mean something more than prima facie grounds, which connotes substantial probable causes for believing that the accused is not guilty of the offence charged. Barring the statement of main accused, there is nothing against present accused/ applicant to implicate him with recovery of 800 Gms. of Charas, prima facie does not appear to be a dealer in any racket or member of any organised team. Considering above aspects of the matter, the accused/ applicant deserves to be 3 Criminal Application No.569/2011 released on bail. Hence order : O R D E R 5. The accused/ applicant be released on his furnishing P.R. bond and surety in the sum of Rs.40,000/- (Rupees Forty thousand). The accused/ applicant shall attend the investigator on every alternate day between 3.00 p.m. to 6.00 p.m. till filing charge sheet. The accused/ applicant shall not leave jurisdiction of Ahmednagar district till conclusion of trial, without permission of the Court. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri569.2011