{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 547 OF 2010 Bapu s/o Vitthal Patil, Age-38 years, Occ-Auto Consultant Broker, R/o Krishnakamal Housing Society, Plo tNO.20A, Jamnagiri Road, Golibar Tekadei, Dhule APPLICANT VERSUS 1. The State of Maharashtra 2. The Police Inspector, Chopada Town Police Station, Dist-Jalgaon RESPONDENTS ....... Mr. C.R.Deshpande, Advocate for applicant Mr. N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd March 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in the event of his arrest in connection with CR No.3003/2010 registered with Chopada Town Police station for an offence punishable u/s 8, 20 & 22 of the NDPS Act. Interim protection is granted to the applicant on {2} 23.02.2010. 2. Heard learned counsel for the applicant followed by learned APP. Also perused the papers of investigation carried out till today. 3. The FIR shows that the said offence is registered on 18.01.2010. It is alleged that on receiving a tip, a fiat car bearing No.MH12-P3593 driven by Dinesh and Dilip was intercepted and during the search 60 kg wet ganja was recovered. After completing requisite formalities the said ganja was seized under Panchanama and the two accused were arrested and produced before the Special Court at Amalner for remand. During interrogation of the said accused, it is disclosed that they were carrying the said Ganja for selling the same to the present applicant. According to prosecution, before the alleged incident the applicant was in constant touch with the said accused on their mobile phone. This submission to be accepted if any mobile is found and seized. Perusal of the investigation papers does not show that any personal search of the accused was carried out and mobile was recovered from either of them. In absence of the seizure of the mobile on which there was alleged constant communication, mere oral submission that they were in constant contact with each other is not sufficient to infer that the accused were carrying the said ganja to sell the applicant. In the premise, case is made out the enlarge the applicant on anticipatory bail. {3} 4. In the result, the application is allowed. Interim protection granted on 23.02.2010 is hereby confirmed and to remain in force till filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln547-10