{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1980 OF 2010 Shaikh Samad Shaikh Ahmed Age-27 years, Occ-Labour R/o Bhimnagar, Parbhani APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs. M.A.Kulkarni, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14th June 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.3047/2009 registered with Chopda City Police Station for an offence punishable u/s 8, 20 r/w 22 of the N.D.P.S. Act, as he is arrested on 27th September 2009 and after completion of the investigation, charge sheet has been field before the Additional Sessions Judge, Amalner. 2. Heard learned counsel for the applicant followed by the {2} submissions of the learned APP. The said offence is registered on 27th September 2009, as on receipt of certain information raid was conducted by the police and during the said raid, the applicant was found in possession of 25 kg leaves, alleged to be of Ganja, a narcotic drug, defined under the NDPS, Act. It is contended on behalf of the applicant that though the charge sheet has been filed before the competent court, yet the same is not accompanied with the CA report of the seized contrabands. 3. Learned counsel for the applicant placed reliance on the judgment reported in 2002 (3) Mh.L.J. 689 in the matter of “Sunil Vasantrao Phulbande V/s State of Maharashtra”. It is observed in the said judgment that in the cases filed under the NDPS Act, if the charge sheet is filed without CA report then the same is unacceptable in view of the provisions of section 173 (5) of the Criminal Procedure Code. It is further observed that the charge sheet is accepted in the cases filed under the NDPS Act, without CA report then the same be treated as incomplete charge sheet and then the accused in such cases would entitle to claim bail. Similarly, in the present case, though the charge sheet has been filed on 26.03.2010, yet the same is not accompanied with CA report and hence, as per the ratio laid down in the judgment referred supra, the applicant is entitled to be released on bail. 4. In the result, the application is allowed. The applicant be released on bail, in connection with CR No.3047/2009, {3} registered with Chopda City Police Station, on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. The applicant is directed not to leave the local jurisdiction of Special Judge /Additional Sessions Judge, Amalner, without previous permission in writing from the concerned court. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1980-10