FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No. (BA) No. 446/2011 Sheikh Salim @ Sheikh Javd s/o Sheikh Karm Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 21/09/2011. Heard Mr. S. D. Dharaskar, learned counsel for the applicant and Mr. N. R. Rode, leaned APP for the respondent. The applicant, who has been arrested on 26.1.2011 in Nandgaonpeth Police Station Crime No. 3001/2011 registered for offence punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“N.D.P.S. Act” for short) has filed the present application for bail. According to the applicant, he is neither the owner of the vehicle No.MH-27/P-1267 nor the owner of the contraband article. He has stated that he is falsely implicated in the case. He further says that he is only 19 years old and nothing was found in his house during the raid conducted by the police. By way of reply, the respondent has resisted the application alleging that all the three accused persons were present on the spot and that after seeing the police vehicle they were running away and the present applicant was caught after chase. It is further stated that the seized contraband is Ganja weighing 43 kgs. 200 grams and that the same was in possession of the present applicant. The quantity of Ganja seized from the applicant is more than commercial quantity and involves punishment which shall not be less than 10 years but which may extend to 20 years and also fine which is not less than One lakh rupees but may extend to Two lakhs rupees. On perusal of the record, it is seen that the present applicant is the principal accused being found in possession of the contraband article which is more than commercial quantity and considering the fact that the learned APP has opposed the application and there is prima facie case against the applicant and no substantial probable cause for believing that he is not guilty, I am of the view that the applicant should not be granted bail at this stage. Hence, the application is rejected. JUDGE Ambulkar.