1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (ABA) No. 300/2011 Sk. Umar s/o Sk. Hussain Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 26/09/2011. Heard Mr. D.M. Upadhye, learned counsel for the applicant and Mr. N. R. Rode, learned counsel for the respondent. The applicant, who apprehends his arrest in Crime No. 3062/2011 registered at Nagpuri Gate Police Station, Amravati for offence punishable under Section 20, 22(b) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has filed the present application for anticipatory bail. It is seen that secret information was received to the effect that white Maruti Car bearing No. MH-04-N-4207 was to travel at night time via Akbarnagar road and that there is Ganja in the said car. According to the respondent, patrolling party had gone to Akbarnagar and at 11.35 p.m. on 15.7.2011 2 the said Maruti Car was found parked in front of bridge and there was no occupant in the said car. It is further seen that in the presence of panch witnesses two air bags were attached from the said car, which allegedly contained Ganja weighing 20 kg and 500 grams. The allegation against the applicant is that he being owner of the said car is involved in the offence. Admittedly, the applicant is not the registered owner of the said car. There is no document like sale letter etc., or any other document of sale in favour of the present applicant attached from the previous owner Abdul Hanif, who has made statement that he has sold the said car to the present applicant. In the reply, the respondent has stated that the documents of ownership of the vehicle are to be seized from the present applicant. Perusal of the statement of Abdul Hanif does not reveal that any document has been executed in favour of the present applicant. Information about certificate of Registration, Insurance etc., can be easily got from the R. T.O. Even if it it is taken for granted that the applicant is the owner of the said vehicle then also there is absolutely no prima facie evidence to show that the said vehicle was used for the offence, with his knowledge. It is not stated in the reply that the applicant is previous convict or is likely to commit any offence, while on bail. 3 In my view, in the circumstances above, the present applicant is entitled to anticipatory bail. Hence, the application is allowed. In the event of arrest of the applicant in Crime No. 3062/2011 registered at Nagpuri Gate Police Station for offence punishable under Sections 20, 22 (B) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, he shall be released on bail on execution of personal recognition bond in the sum of Rs. 50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount, under the following conditions, namely, (I) The applicant shall attend Nagpuri Gate Police Station on 28/9/2011 between 10.00 a.m. to 5.00 p.m. with lunch break between 1.00 p.m. to 3.00 p.m. and shall co-operate with the Investigation. (II) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (III) The applicant shall not leave India without previous permission of this Court. (IV) Hamdast allowed. JUDGE Ambulkar