1 APPLN 2723 OF 10.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2723 OF 2010. Anant Bapurao Kothmibire .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Umesh Mankapure, for the Applicant. Mrs. Geeta Mulekar, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 25th August, 2010 P.C. 1. The applicant who claims to have been mere a passenger in a jeep carrying commercial quantity of Ganja of 150 Kg, seeks enlargement on bail on the following grounds. 2. Firstly that the raid was conducted by an unauthorized officer, secondly mandatory provisions under sections 42, 50, 52, 57 of N. D. P.S. Act are violated, thirdly he was not in conscious possession of ganja and lastly the applicant is suffering from AIDS and he is HIV positive and therefore he be released on bail for taking treatment. 3. On the first ground, learned APP points out that the raid was conducted by a Havaldar, who is a Head Constable above the rank of police constable and therefore, had the authority to conduct 2 APPLN 2723 OF 10.sxw such raid. The learned APP further states that since raid was not pre-mediated, but had to be carried out when the police party was on patrolling duty there was no question of recording prior information. There is no violation of the procedure. As to conscious possession, this Court has already rejected bail application of the driver of said vehicle on 23.8.2010 rejecting the contention about conscious possession and therefore, no different treatment be meted out to the present applicant. 4. As to the applicant’s suffering from AIDS and being HIV positive, the learned APP submitted that the authorities in the jail would take due care of the applicant and ensure that he gets proper treatment. 5. In view of this the applicant is not entitled to bail. The application is rejected. 6. The learned Judge, undoubtedly shall expedite the hearing of the case and shall dispose of the case preferable within a period of six months from the date of receipt of copy of this order. (R. C. CHAVAN, J.)