1 ba690.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 690/2011 Rohitkumar Singh Harnedra Singh..vs..State of Maharashtra,thr. PSO PS Lohmarg Nagar, Badnera, Dist. Amravati Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. M. Rizvy, Advocate for applicant. Mr. V. A. Thakre, A.P.P. for non applicant. CORAM : M.N. GILANI, J. DATED : DECEMBER 17, 2011. 1. Heard both sides. Perused the case diary. 2. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail against whom an offence bearing Crime no. C-1/11 is registered with Railway Police, Badnera. 3. Rohitkumar-the applicant and Sourabh are friends and students of Engineering College at Wardha. Sourabh-accused no.1 had gone to his native place in Orissa. On the night of 21.09.2011, Sourabh had reached Nagpur. Rohitkumar-the applicant had also come to Nagpur for his personal work. They both met at Nagpur and then boarded Geetanjali Express for coming to Wardha. Rohitkumar-the applicant was having ticket of general compartment. When his ticket was checked, he was asked to go to the general compartment. Thereafter, Rohitkumar-applicant no.1 and Sourabh both sat near the door of compartment. There was an 2 ba690.11.odt altercation between them and Ticket Collector. The RPF personnel who were present there intervened in the matter. One of them slapped Sourabh. Thereafter, they both got down at Wardha. Sourabh was apprehended. Since Sourabh had forgotten his bag in the train, he asked Rohitkumar-the applicant to collect the bag. When Rohitkumar entered the train, the train started. Rohitkumar located the bag as per the information which he had got from Sourabh. Some RPF personnel who were in the train carried Rohitkumar to RPF Police Station at Badnera and there that bag was checked. In the said bag about 6 kg. Ganja was found. It is the case of Sourabh that the bag which was located by Rohitkumar is not his bag. In fact, it was red coloured bag. 4. The fact remains that he was Sourabh, who had come from his native place to Nagpur. When they both got down at Wardha on the say of Sourabh, Rohitkumar-the applicant boarded the train to collect the bag. This being the state of evidence, possession of contraband cannot at all be attributed to Rohitkumar-present applicant. 5. The contention of learned A.P.P. that the circumstances like present applicant had joined Sourabh at Nagpur and then travelled together is an evidence of conspiracy between them of transporting Ganja. 6. From the facts narrated above, this does not appear to be so. Admittedly, the bag belongs to Sourabh. When there was altercation 3 ba690.11.odt between Ticket Collector and RPF personnel, they both got down at Wardha and since the train started the applicant was asked to collect the bag which Sourabh had left in the train. 7. Admittedly, the quantity of Ganja which was seized is not commercial quantity. In that light of the matter, bail cannot be denied to the present applicant. The application is allowed. The applicant be released on bail on his executing PR Bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with two sureties to the satisfaction of the learned Special Judge (under NDPS Act), Amravati. JUDGE kahale