1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 2274/2009 Ramanna s/o Madanu Balsovari vs. The state of Maharashtra. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : Prasanna B. Varale,J DATE : 13.07.2009 Heard Mr. R.M. Daga, learned advocate for applicant and Mr. Mandpe, learned A.P.P. for respondent. The present application is moved by the applicant for release on bail in Crime No. 6004/2008 registered at Jaripatka Police Station, Nagpur. Learned Advocate Mr. Daga submitted that on 14.1.2009 one Ashok Dhotre the senior P.S.I. who was discharging his duty on Nagpur Jabalpur Road and was controlling the traffic, apprehended a vehicle viz. Qualis bearing registration No. KA-29/A-3114. On inquiry, the persons in the vehicle disclosed their names. When the driver was asked to submit documents, perusal of the documents disclosed that there is a difference in the registration number. The number in the documents was differing from the number on the number plate of the vehicle. As suspicion was raised, search of the 2` vehicle was conducted in presence of two panchas and it was found that there were 29 parcels in the vehicle. The contraband article ganja was found in those parcels weighing 331 kg. and 100 grams. The offence came to be registered against the driver Ramanna Balsovari (the applicant) and other persons viz. Lalu Bukia, Mrs. Aruna Bukia and Smt. Shantamma. The offence was registered under the provisions of N.D.P.S. Act. Learned advocate Mr. Daga submitted that investigation was carried out by the Crime Branch, Nagpur and charge sheet is filed by the investigating agency. It is submitted by learned Advocate that even as per the case of the prosecution the owner of the contraband article Ganja is Wasudeorao who is still absconding. He further submitted that the applicant is neither the owner of the vehicle nor the conscious possession can be attributed to the applicant. He further submitted that even the case of the prosecution is considered as it is, the allegation against the applicant is only in respect of variance in the registration number in the documents presented by the applicant. Learned Advocate further submitted that co-accused Bukia Lalu against whom the prosecution has alleged that he was in possession of the contraband article Ganja is already released on bail. The learned Advocate Mr. Daga further submitted that against the co-accused Bukia Lalu one case of similar nature is filed previously. The co-accused was released 3` on bail on the ground that there is no clinching evidence against the accused to establish conscious possession of contraband article. Learned Advocate Mr. Daga, therefore, submitted that case of the applicant is similar to the case of Bukia Lalu who is already released on bail and on the ground of parity also the applicant deserves to be released on bail. Learned A.P.P. submitted that the offence is of serious nature. He further submitted that at the relevant time the applicant was driving the vehicle and it was disclosed in the investigation that there was difference in the registration number in the documents shown by the applicant whereas the number was different on the vehicle. He further submitted that the quantity of contraband article is large i.e. 331 kgs and there is a strong prima facie case against the applicant. In my opinion, prima facie there is no sufficient material presented by the investigating agency to show that the applicant was in conscious possession of contraband article. It is also not in dispute that the other accused Bukia Lalu is released on bail for want of sufficient evidence to establish conscious possession of contraband article. In the result, the application is allowed on the following conditions. 4` i) The applicant be released on bail on his executing the bail bonds in the sum of Rs. 10,000/- with one surety in the like amount. ii) The applicant shall cooperate with the investigating agency and will not in any way tamper with the evidence. iii) The applicant to attend Local Crime Branch, Nagpur City on every second and fourth Sunday from 9 to 11 a.m. JUDGE patle