1appln-5334-09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No.5334/2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Prashant M. Patil, Advocate for the applicant. Mrs M. H. Mhatre, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 7TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time. 2. It is the regular bail application preferred by accused No.2. The applicant was arrested by local police of Virar Police Station, Thane for being in association with accused No.1. Raid was conducted on source information concerning two accused persons coming to a particular spot for dealing in narcotic transaction. During the trap accused No.1 was found along with accused No.2 alighting from vehicle. Accused No.1 was found in actual possession of narcotic contraband Charas in three sealed packets totally weighing 2.8 kilograms. Present applicant-accused No.2 was accompanying accused No.1. Both were apprehended, after following the usual procedure as to apprising their 2appln-5334-09 rights under Section 50 of the N.D.P.S.Act, 3. Only ground raised for grant of bail on behalf of the applicant-accused No.2 is that he was not in conscious possession of the narcotic contraband and that he was only associated with accused No.1. However, in the bail application various other grounds are also taken as to non-compliance of Section 50 of the N.D.P.S.Act and he was not found in possession of any contraband with accused No.1. It is further submitted that provisions of Section 20 (2) and Section 22 of the N.D.P.S.,Act cannot be applied so far as involvement of accused No.2 is concerned. However, it must be said that the applicant had ignored the implication of provision of Section 29 of the same Act and when the charge is required to be framed as charge sheet has already been filed, the appropriate Special Court shall take into account as to implication as to criminal conspiracy or abetment of the offence. 4. In view of the above, there is nothing to grant the present application for bail as the involvement of the present applicant accused No.2, in association with accused No.1, prima facie appears from the charge sheet in narcotic transaction involving 2.8 kilograms of Charas. In the result, present application is disposed of with the following order: Application No.5334/2009 shall stand rejected. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J) 3appln-5334-09