1 Appln 3572-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3572 OF 2010 Tatyarao Ashruba Chigure ..Applicant V/s. The State of Maharashtra ..Respondent Mr.V.G.Indrale, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent  State CORAM : R.C.CHAVAN, J. DATE : 23RD AUGUST, 2010 P.C. . This Application filed by Applicant/Original Accused, who has been arrested for having committed an offence punishable under Sections 8(c), 20, 24 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has to be rejected. The Applicant claims to be a driver of Jeep in which 150 Kg of Ganja which is commercial quantity was found. The Applicant claims that he was mere driver of the Jeep. If such contention is to be accepted, the other 2 Appln 3572-10 persons who were travelling in that jeep may say that they were mere passengers and were picked up on way and master of the Jeep may say that had nothing to do with the contraband. The question of conscious possession will have to await the Trial. As to non-compliance with the provision requiring that the information received must be first recorded, the learned APP points out that this was a chance seizure by patrolling party. In any case, if there is some discrepancy in the entry in the Station Diary, that too can be looked into at the trial. 2. Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Act requires the Court to be satisfied that there are reasonable grounds for believing that the Accused is not guilty of an offence under the Act and he is not likely to commit such an offence, before bail would be granted. There is nothing to show that this Court can record 3 Appln 3572-10 any such reasonable belief. Therefore, no case for grant of bail is made out. 3. The learned Counsel for the Applicant next submits that the applicant lost his father while he was in jail and his mother is suffering from some ailment. A copy of Medical Certificate is filed on record. Again as rightly pointed out by the learned APP that ailment is not such as to require applicant's presence to look after the applicant's ailing mother. 4. Therefore, applicant is not entitled to bail. Criminal Application is rejected. (R.C.CHAVAN, J.)