1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3022/2009. (Chandrabai Sheshrao Pawar Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.D.P.Palodkar, Advocate for applicant; Mrs.BR Khekale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 11 th September,2009. 1. Heard learned Counsel. 2. Recovery of 77 kg. and 500 gr. of Ganja (cannabis) dated 19.3.2009 is subject of cause. Learned Additional Sessions Judge, Amalner on 19th June, 2009 directed release of the applicant with condition of regular attendance. 3. It was subsequently, based on filing of Charge sheet, by order dated 9th July, 2009, the learned Judge exercised his powers in terms of Section 439(2) Cr.P.C., to terminate the concession granted to the accused. 4. The seizure of huge quantity of Ganja was definitely attracting commercial quantity, as indicated in Section 2(vii- a) and in terms of Government Notification. The in-built inhibition in 2 terms of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, cannot be shelved and the learned Judge was justified in exercise of his powers. I do not see any mistake/error or perversity in the order. Section 37 of the NDPS Act, at this stage, will not allow release of the applicant/accused. I do not have any satisfaction that there exist reasonable ground for believing that the accused/applicant is not guilty of the offence and I cannot prima facie believe that the accused will not commit any offence while on bail. 5. In the circumstances, Criminal Application rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran3022.09