1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3442 OF 2009 Balaji Babji Zaware Versus The State of Maharashtra. Mr. N. S. Kadam, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 15th OCTOBER, 2009. 1. Heard learned counsel for the accused/ applicant. Learned A.P.P. seeks time for want of papers. Mr. Kadam insists to proceed with the matter as the festive season is in offing and he feels that his client has been framed by the police. 2. The matter pertains to seizure of 500 grams of Ganja in the night of 29th August, 2009 when the accused/ applicant was proceeding on a motorcycle No.MH-26/M-8659 and he was intercepted by the police party engaged in patrolling. The accused/ applicant made good his escape and still not traced. The counsel submits, the parameters of section 37 of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. N.D.P.S. Act, as amended by Central Act 9 of 2001 (with effect from 2nd December, 2001) will not be applicable to the small quantity like the present case. 3. The counsel may be correct. The fact remains, the question of section 37 of N.D.P.S. Act is not for consideration, as it is the pre-arrest bail in terms of section 438 Cr.P.C. which has been tried to be persuaded. Considering the nature of accusations, though the counsel submits, supported by R.T.O. particulars, that the vehicle MH-26/M-8659 belongs to one Vyankatrao Shinde, no discretion in terms of section 438 Cr.P.C. Application rejected. The request for grant of protection for one week, in the fact situation, concerning the matter to be under infraction of N.D.P.S. Act, cannot be considered. [K. U. CHANDIWAL, J.] Dated:15/10/2009. ans/3442