Cri. Appln. Nos. 3276 & 3206/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3276 OF 2011 Tarachand s/o. Ramnath Sarda, R/o. Narsinha Colony, Gangapur, Tq. Gangapur, Dist. Aurangabad. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Rajendra Deshmukh, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. AND CRIMINAL APPLICATION NO. 3206 OF 2011 Shaikh Jakir Shaikh Salim, R/o. Haldi Galli, Vaijapur, Tq. Vaijapur, Dist. Aurangabad. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. C. R. Deshpande, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 11th August, 2011. PER COURT : 1. Both the applications are filed for bail in Cr. No. 24/11 registered in Nagar Taluka Police Station, Ahmednagar for offences punishable under sections 20 (B) and 27 of the Narcotic Drugs and Psychotropic Cri. Appln. Nos. 3276 & 3206/11 2 Substances Act, 1985. The papers of investigation were made available. The advocate of the applicant in Criminal Application No. 3206/11 submitted that he has instructions to withdraw the application. So the Criminal Application No. 3206/11 stands disposed of as withdrawn with liberty. The advocate in Criminal Application No. 3276/11 and APP are heard. 2. The crime is registered on the basis of report given by a police officer. On the basis of specific information received, police effected raid on the house of Balu Dhiwar. Ganja weighing about 1 kg was recovered from the house of Balu Dhiwar. During interrogation name of present applicant Tarachand Sarada transpired and so police went to the house of Tarachand Sarada. The raid was effected on his house. Ganja weighing 9 kg is recovered from his house. Necessary procedure laid down under NDPS Act has been followed. 3. It was submitted for the applicant that he is behind bars since 24.6.2011. It was submitted that as Ganja of only 9 kg was recovered and as it is not commercial quantity, it is not desirable to keep the applicant behind bars till the disposal of the case. In view of the circumstance that Ganja weighing less than the commercial quantity is recovered and no previous record of involvement of applicant in similar offence is brought, this Court holds that bail can be granted to the applicant in Cri. Appln. Nos. 3276 & 3206/11 3 Criminal Application No. 3276/11, subject to some conditions. 4. So the Criminal Application No. 3276/11 is allowed. Applicant Tarachand s/o. Ramnath Sarda is to be released on bail in Cr. No. 24/11 registered in Nagar Taluka Police Station, Ahmednagar for offences punishable under sections 20 (B) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with prosecution witnesses. He is not to commit similar offence. If he is found involved in similar offence, his bail is liable to be cancelled. Hamdast allowed. [ T. V. NALAWADE, J.] ssc/ca3276.11