1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 397 of 2011 (Sayyad Ismail S/o. Sayyad Rajjak Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.D. Dharaskar, Advocate of the applicant. Mr. N.R. Rode, A.P.P. for the State/respondent. CORAM : M.N. GILANI, J. DATE : 19th JULY, 2011. Heard. This is an application for releasing the applicant on bail in special case filed under Section 20 of the NDPS Act. On 26/01/2011, P.S.I. Fartode, attached to Police Station Nandgaon Peth, Amravati, received an information that Ganja was being transported in vehicle no. MH-27/P/1267 and the vehicle is standing near “T” Point on Rahatgaon Ring Road. The police party accompanied by the panchas went to the spot. It was 10:45 a.m. They saw the vehicle and the person by name Sheikh Salim alias Javed S/o. Sheikh Karim, aged about 19 years (principal accused). In the vehicle, 4 bags containing about 43.200 kgs. Ganja was found. It was revealed that said Sheikh Salim alias Javed was the owner and in possession of Ganja. The house of said Sheikh Salim was also searched. 2 When inquiry as regards to the ownership of the vehicle was made, it was revealed that the present applicant was in possession of the vehicle. As per the R.T.O. record, the vehicle stands in the name of one Uddhav Pathare. For non-payment of the loan amount, it was attached by the financer and was sold to one Ahemad Baig. In turn said Ahemad Baig sold it to one Shabbir Qureshi in the year 2009. In January, 2011, the vehicle was allegedly sold by said Shabbir Qureshi to the present applicant. Even if, it is assumed that on the date of incident, the vehicle was operated by the present applicant, under the facts and circumstances of the case, it cannot be presumed that the present applicant-Sayyad Ismile had a knowledge that those four bags did contain Ganja. The relevant circumstances are when the raid was conducted, it was 10:45 a.m. The applicant was not present there. The main accused Sheikh Salim was only present. On his interrogation, it was found that he was involved in attempt to transport the Ganja. Thereafter, his house was searched. In that light of the matter, the conscious possession of the contraband or the knowledge that four gunny bags owned by Sheikh Salim did contain Ganja cannot prima-facie be attributed to the present applicant. 3 In view of the above, the application is allowed. The applicant is directed to be released on bail on his furnishing P. R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. JUDGE *sdw