( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3122 OF 2010 1. Simon Daga Dudbe, .. Applicants Age. 28 years, Occ. Agriculture, 2. Remsing Bija Barela, Age. 23 years, Occ. Agriculture, Both R/o. Dhawali, Tq. Sendhwa, Dist. Badwani. Versus The State of Maharashtra .. Respondent Mr. Joydeep Chatterji, Advocate for the applicants. Mr. B.J. Sonawane, A.P.P. for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 25.08.2010 P.C. :- 1. By this application, the applicants are seeking bail. 2. The applicants have been arrested for offences punishable under sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. ( 2 ) 3. According to the prosecution, the applicants were found travelling in a Bolero Jeep vehicle No. MH-16-AB-9980 on 07.07.2010. On basis of secret information the Jeep vehicle was intercepted. As a result of search of the vehicle, the Police recovered three bags which were concealed in the front side bonate of the jeep vehicle. The bags were found containing dry ganja leaves. The total quantity of ganja was 21 kgs. 900 gms. 4. Heard learned counsel for the applicants and perused investigation papers. 5. It appears that applicant No.1 was driving Bolero Jeep in question at the relevant time. He was found in custody of the Jeep vehicle and it was stopped by him when police intercepted the vehicle. In other words, he had control over the vehicle in question. Being driver of the vehicle it is to be presumed that he was knowing the presence of concealed ganja bags which were recovered from the bonate of the jeep vehicle. Therefore, prima facie, it can be said that he was in conscious possession thereof. ( 3 ) 6. So far as application No. 2-Ramsing is concerned, it appears that he was found travelling in the said jeep vehicle likewise other passengers. However, nothing was recovered from his custody. The prosecution only relied upon so called confessional statement of applicant No.2-Remsing. At this juncture such confessional statement cannot be duly considered and that confessional statement by itself is of no mush significance. What is stated in the said confessional statement dated 09.07.2010 is that cousin of applicant No. 2 i.e. applicant No.1 had informed another co-accused by name Ramesh Gupta that ganja would be supplied. So, said Ramesh Gupta and another co-accused by name Patil were also found travelling in same vehicle, yet, both of them have been released on bail by the Court of Sessions. Applicant No.2 was not found in possession of any cash amount. 7. Considering the fact that other two accused by name Ramesh Gupta and Patil have been released on bail and that the case of applicant No.2 stands on same footing, he also is required to be released on bail. However, applicant No.1- Simon is not entitled to bail for the reason that there is ( 4 ) prima facie evidence against him to show his conscious possession of the huge quantity of ganja. 8. In the result, the application is partly allowed to the extent of applicant No.2-Remsing. He would be released on bail on furnishing of P.B. & S.B. in sum of Rs. 35,000/- (Rupees Thirty Five Thousand Only) with solvent surety bond to the satisfaction of the Court of Sessions. He shall not contact any of the prosecution witness during period of trial. The application is, however, dismissed to the extent of applicant No. 1-Simon. The application stands disposed of. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra3122.10