cra3079.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3079 OF 2011 Trilochansing s/o Gopalsing Pawar (Vajjara Sikh), Age-42 years, Occu:Security Guard, R/o-Satpur, Plot No.14 C, Nashik MIDC, Near Sakal News Paper Office, Camel Tyre Company Quarters, Nashik. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.C.R. Deshpande Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 28TH JULY, 2011 PER COURT : 1. This Application is filed for bail in cra3079.11 2 C.R. No.5 of 2011 registered in Mohadi Police Station, Dist-Dhule, for the offences punishable under Sections 8, 18 and 29 of the N.D.P.S. Act, 1985. Papers of investigation were made available. Both the sides are heard. 2. On 22nd March, 2011 some Police Officers while doing patrolling duty, intercepted one Indica Car due to suspicion. Present Applicant was present in the Car and one Vishal More was driving the Car. When Police took search of this Car, they recovered some bags containing parts of opium plant, opium straw and the weight of this opium straw was around 48 K.G. Routine procedure was followed and opium straw was seized by the Police. 3. The Advocate for the Applicant submitted that he was present in the vehicle only as a passenger and he was given lift. It was submitted that less than commercial quantity was found and bar of Section 37 cannot be used against him. It cra3079.11 3 was submitted that Applicant is behind bars for more than three months and the punishment provided for this offence at the most, is of 10 years. The A.P.P. submitted that the owner of the vehicle is not traced and source of opium straw is not traced. 4. In view of the aforesaid circumstances, this Court holds that subject to some conditions, Application can be allowed, as the Applicant is behind bars since 22nd March, 2011. So, the Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.5 of 2011 registered in Mohadi Police Station, Dist-Dhule, for the offences punishable under Sections 8, 18 and 29 of the N.D.P.S. Act, 1985, on his furnishing P.R. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of like amount. The surety must be of Dhule District. The Applicant is not to tamper with the prosecution witnesses. He is not to leave Nashik District and cra3079.11 4 Dhule District without the permission of Sessions Court, Dhule. [T.V. NALAWADE, J.] asb/JULY11