1 Cri-A-45-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION (BA) NO. 45 OF 2011 Chandrakala @ Chandraphabha Nandkumar Wagh ... Applicant Vs. The State of Maharashtra .. Respondent Mr. V.S.Talkwe, Advocate, for the applicant. Mrs. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st February, 2011. P.C. 1. The applicant seeks to be released in Crime No.25/2010 registered at Jath Police Station, District Sangli, for the offence under Section 20(b) of the N.D.P.S. Act. 2. According to prosecution, accused No.1 - Shivaji Jaysing Sakpal was proceeding by Jeep No. MH-23E-3966 at a high speed. Therefore, the police team chased him and after he was stopped, he disclosed that six bags containing Ganja were loaded in the Jeep. The said bags contained 243 kg. & 415 gram Ganja. Samples were taken and after following the procedure, the samples were seized under a panchnama. Said Shivaji disclosed that Ganja belonged to the present 2 Cri-A-45-11.sxw applicant Chandrakala Wagh and his vehicle was hired by the present applicant for Rs.20,000/- as fare. The present applicant was arrested along with Scorpio Car No. MH-45/A-8881 somewhere near Sangola, where the present applicant resides. The FIR was lodged by Constable Maruti Gambhire attached to the Traffic Branch of the Police Station. 3. It is not clear why the FIR in Narcotic case was lodged by a traffic constable when several senior officers, including Police Inspector, PSI and other staff members were present in the team. The Jeep from which Ganja was recovered does not belong to the present applicant. The present applicant was not present either in the said Jeep or nearby. The case against the present applicant is based only on the statement of accused No.1 Shivaji, who was driving the Jeep and from whose custody Ganja was seized. Except the statement of accused No. 1, there is no material against the present applicant. 4. Therefore, the applicant - Chandrakala @ Chandraphabha Nandkumar Wagh be released on her executing P.R. of Rs.15,000/- with a surety in the like amount with condition that she shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)