1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) 229/2011 ( Akilabano Ab. Sattar ..V/s.. State of Maharashtra, through P.S.O., Nagpuri Gate, Distt. Amravati. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.D. Dharaskar, Adv. for applicant. Mr. S. S. Doifode, A.P.P. for State/respondent. CORAM : M.N. GILANI J. Reserved on : 9.6.2 011 . Pronounced on : 13.6.2011. Heard. This application is filed for releasing the applicant/accused on bail. The prosecution case is, the applicant was found in possession of 43 kilogram Ganja (Marijuana) and for that offence bearing Crime No.3075/2010, under section 20 and 22 of the N.D.P.S. Act has been registered against her and other two co-accused at the police station Nagpuri Gate, Distt. Amravati. When the police party and Panchas went to Gulista Nagar, which is a slum, within the jurisdiction of Nagpuri Gate police station, the applicant was found sitting 2 outside the hut. During search of the hut, 43 kilogram Ganja was found. One passbook of the applicant was also found. The bail is being sought on the ground that the applicant was not found in conscious possession. There is no evidence to show that the place, from where Ganja is alleged to have been seized, belongs to the applicant. Learned A.P.P. resisted the application by contending that the detailed examination of the evidence is not warranted at this stage. Prima facie the case of involvement of the applicant in the offence of possessing Ganja, weighing 43 kilogram is made out. Learned Additional Sessions Judge, Amravati by his order dated 1/3/2011 rejected the application mainly on the ground that the bank passbook of the applicant was found in the hut. Learned A.P.P. has made available the case diary for the perusal of this Court. The address given in the bank passbook is Taj Nagar, Amravati whereas the raid was conducted in Gulista Nagar, Amravati. During course of investigation, police recorded statements of number of witnesses. Mainly these are the statements of the police officers who participated in conducting raid and search operation. There is no statement of neighbours to show that the said hut belongs to the applicant. There is no statement to show that when police 3 party reached to Gulista Nagar, anybody had pointed out that the particular hut was that of the applicant. It is further noticed that the electric connection for alleged hut is taken from the house of Nurjaha. Statement of the said Nurjaha is not also available. Considering the state of evidence, bar of section 37 of the N.D.P.S. Act while releasing the accused on bail would not be attracted. Applicant/accused is directed to be released on bail on her executing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount with condition that she shall attend the police station Nagpuri Gate, Amravati once in a week, preferably on Monday in between 10 to 2 p.m., till trial is over or till further orders of this Court, whichever occurs earlier. JUDGE Tambaskar.