(1) Cri. Application No. 3904 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3904 of 2011 Somnath s/o. Laxman Fatpure, Age : 32 years, Occupation : Labour, R/o. At Post Ramgirbaba Takdi, Koradgaon Road, Pathardi, Dist. : Ahmednagar. .. Applicant. versus 1. The State of Maharashtra. 2. Superintendent of Police, District : Ahmednagar. .. Respondents. ....................... Smt. S.S. Jadhav, Advocate, holding for Mr. Satej S. Jadhav, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ (2) Cri. Application No. 3904 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 27TH SEPTEMBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest in connection with Crime No. III-19/2011, registered at Police Station, Pathardi (District : Ahmednagar), for the offences punishable under Sections 20 and 27 of Narcotic Drugs & Psychotropic Substances Act, 1985 (For short, "N.D.P.S. Act"). 3. It appears that the crime has been registered on the basis of the complaint lodged by Budhiraj Dnyanoba Sukale, P.S.I. at Pathardi Police Station, on 16-6-2011. It appears that on the basis of the secret information received by the Police personnel on 16-6-2011, in respect of sale of Ganja, after observing necessary formalities, raid was effected and Laxman s/o. Gotiram Fatpure i.e. co-accused was taken into custody, but (3) Cri. Application No. 3904 of 2011 two persons sneaked away and quantity of 875 Gms. of Ganja was seized under the seizure panchanama on 16-6-2011. 4. Admittedly, name of the applicant has not been reflected in the FIR, but it appears to have been disclosed in the remand report. Moreover, the quantity of Ganja which was seized at the time of aforesaid seizure is 875 Gms. which is below the prescribed small quantity i.e. 1000 Gms. which attracts the punishment to the extent of six months or with fine which may extend to Rs. 10,000/-, or with both, as per Section 20(ii)(A) of N.D.P.S. Act. Moreover, learned Counsel for the applicant also pointed out that the applicant was granted interim anticipatory bail by the learned Additional Sessions Judge, Ahmednagar, on 13-7-2011, but his application came to be dismissed by the said court on 16-8-2011, due to absence of the applicant. It is also submitted by the learned Counsel for the applicant, that the co-accused, namely, Laxman s/o. Gotiram Fatpure i.e. father of the applicant herein, has been enlarged on bail by the learned Sessions Court, and the said aspect cannot be overlooked. 5. In the circumstances, considering the accusations made against the applicant, and the nature and gravity thereof, (4) Cri. Application No. 3904 of 2011 and having survey of totality of facts and circumstances, the applicant deserves grant of anticipatory bail, but on certain conditions. 6. In the result, present Criminal Application is allowed, and it is directed that in the event of arrest of the applicant, namely, Somnath s/o. Laxman Fatpure, in connection with Crime No. III-19/2011, registered at Police Station, Pathardi (District : Ahmednagar), he be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions : (i) Applicant shall give attendance before the concerned investigator, twice in a week i.e. on every Monday and Thursday, between 4.00 p.m. to 7.00 p.m., till filing of charge sheet, and shall cooperate in the investigation, and (ii) Applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application stands disposed of finally. (5) Cri. Application No. 3904 of 2011 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3904