1 ABA-752-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 752 OF 2011 1. Shri Marlon Rodrigues ) 2. Shri Nilesh Ratnakar Shirodkar ).. Applicants vs. State of Maharashtra .. Resondent Mr. Dinesh D. Tiwari, i/b. M/s. Dinesh Tiwari & Associates,Advocates, for the applicants. Mr. Y.M.Nakhwa, APP, for the respondent - State . CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. The applicants seek anticipatory bail in Crime No.15/2011 registered by Khalapur Police Station. 2. Heard the learned Counsel for the applicants and the learned APP. Perused the copy of the report dated 24.8.2011 submitted by SDPO, Khalapur to the Public Prosecutor, Alibag and the order passed by the Special Judge, (N.D.P.S.) Raigad on 24.8.2011. 3. From the report of the police, it appears that in a rave party, the 2 ABA-752-11.sxw applicants had participated and had consumed some narcotic drug possibly, cocaine. Therefore, samples were taken and the C.A. report is positive about consumption. Police only wanted to know where from they had secured the drug and consumed. In view of the allegations against the applicants, it is clear that the case falls under Section 27(a) of the N.D.P.S. Act which is punishable with imprisonment which may extend to one year or with fine or with both. It is settled position of law that the offence under Section 27 is bailable and therefore the provisions of Sec. 37 of NDPS Act are not applicable. At the same time, as the offence is bailable, the application under Section 438 Cr.P.C. for anticipatory bail is not tenable. 4. Therefore, while the Anticipatory Bail Application stands rejected as not tenable, the applicants are at liberty to surrender either before the police or before the concerned Court and seek bail. As the offence is bailable, the police/concerned Judge shall immediately decide the application. 5. Parties to act on an authenticated copy of this order. Application stands disposed of. (J.H.BHATIA,J.)