1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2925 OF 2009 IN CRIMINAL APPEAL NO.392 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Smt. S.S.Jadhav, Advocate for the applicant-appellant and Shri K.M.Suryawanshi APP for the Respondent. 2. This is an application by the accused who is convicted for offence under section 20(b) of the Narcotic Drugs and Psychotropic Substances Act 1985 and is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/=. 3. As per the police papers, on receiving information, the police had sent punter to the accused for purchase 2 of ganja and after the same was purchased, on indication by the punter Amirlal Sardar accompanied by constable Suryawanshi, raid was effected in which 9.50 kilogram of ganja was found kept in a cupboard in the house wherein applicant-accused was residing. 4. It is argued on behalf of the applicant that there is no evidence to show that the house raided was belonging to the accused. 5. However, it may be noted that he had sold ganja to punter and therefore committed the offence alleged and hence, he must be held to be in conscious possession and control of the seized article. Two chilims were found with him. The quantity of the ganja found is large and therefore cannot be said to be only for personal use, but also for commercial purpose, although two chilims were found in possession of the applicant. Since 20.8.2008 i.e. the date of raid and arrest, the applicant-accused has been in jail. 3 6. In the facts and circumstances, this is not a fit case for bail in view of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. 7. It is true that the accused is aged 69 years and considering his age, appeal can be expedited. Already order is passed by this court on 4.9.2009 calling record and proceedings with directions to the appellant to prepare private paperbook within ten weeks. Now, record and proceedings is received. 8. In the circumstances, application is rejected. Date:19/11/2009 (P.R.BORKAR, J.) pnd/criap2925.09